The Senate voted on Wednesday night to approve a $2 trillion COVID-19 relief package to help millions of American workers and businesses survive the impact of COVID-19. The Relief package is titled CARES Act (Coronavirus Aid, Relief and Economic Security Act) and includes COVID-19 relief for individuals, businesses, and the health care industry.» Read More
The consolidation of health care practices and health systems continues to be a paramount theme underlying the industry. Spurred by hyper-regulation, overbearing pressure by commercial and government payors and the trend towards value-based reimbursement schemes, practitioners found that affiliating with larger entities able to coordinate care more efficiently provided them the stability required to optimally treat patients.» Read More
It comes as no surprise that New Jersey is moving forward in expanding the medicinal marijuana program. Since Gov. Murphy took office less than a year and-a-half ago, the number of patients enrolled in the program has almost tripled, and the qualifying conditions have significantly expanded, with the latest condition — opioid use disorder –being added in January 2019.» Read More
New Jersey residents recently gained the “right to die,” as the legislature passed the Medical Aid in Dying for the Terminally Ill Act on March 25, 2019. This act gives terminally ill New Jersey residents, who have six months or less to live, the right to request oral medication to end their life.» Read More
In New Jersey, a physician is required to maintain treatment records for seven years from the date of the most recent entry; however, questions always arise about how long a physician must retain medical records for a minor.
The State Board of Medical Examiners does not differentiate between minor and adult patients, and simply sets a seven-year retention requirement. » Read More
There is no doubt that the current administration is pushing to expand the Medical Marijuana Program (MMP) in New Jersey. Since Gov. Murphy took office this year, the number of patients registered has doubled. The addition of five qualifying debilitating conditions and medical marijuana being viewed as a means to combat the opioid epidemic, are two of the reasons for the drastic increase in patient numbers. » Read More
The Out-of-Network Consumer Protection Transparency Cost Containment and Accountability Act was adopted in June 2018 and went into effect last month. It has gotten significant attention regarding emergent or urgent services rendered to patients, and the inability of out-of-network providers and facilities to balance bill the patient. » Read More
Generally, when using or disclosing an individual’s Protected Health Information (“PHI”), HIPAA regulations require the covered entity to obtain an authorization from an individual, including for research purposes. The Office of Civil Rights (“OCR”), the entity that enforces HIPAA compliance, recently issued guidance for situations when an entity obtains an authorization from an individual for use and disclosure of PHI for research, focusing on the following topics:
Sufficient Description – HIPAA regulations require that the authorization, in plain language, provide “a description of each purpose of the requested use or disclosure.
I recently wrote the article “Artificial Intelligence in Medicine – Legal Concerns” for the Onondaga County Medical Society Bulletin. The article discusses the role Artificial Intelligence (“AI”) plays in modern medicine and the legal concerns associated with it. To read the article, please click here.» Read More
We recently wrote the article “Monitoring the Temperature of Your Vaccines for Children Program Compliance” for MDAdvantage. The article covers the requirements of the New Jersey Vaccines for Children Program; how to properly store vaccines as required by Vaccines for Children Program and the Centers for Disease Control and Prevention; how to properly monitor the minimum and maximum temperatures of vaccine storage units; and how to address a temperature excursion.» Read More