By James M. Burns In early November, Mississippi Governor Phil Bryant rescinded an Executive Order (Executive Order 1327), issued only weeks earlier, that would have compelled Blue Cross of Mississippi to continue to offer “in-network” status to several Mississippi hospitals with whom Blue Cross had terminated its relationship as a result of a contract dispute …
Providers: Prepare Your Breach Notification Policy!
By Rose Willis On December 26, 2013, Adult & Pediatric Dermatology, a dermatology practice located in Massachusetts, agreed to pay a $150,000 fine after it lost an unencrypted thumb drive containing over 2,000 patients’ health records, and for its failure to institute HITECH’s breach notification requirements in response to the loss. According to the notice …
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“Any Willing Insurer” Legislation Introduced in Pennsylvania
By James M. Burns A significant number of states have “Any Willing Provider” statutes that require a health insurer to admit all requesting providers into the health insurer’s preferred provider network. While some of these statutes are limited in scope (covering only pharmaceutical providers), others require insurers to admit any “willing” hospital or physician that …
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HHS Delays NPP Amendment Requirement for Laboratories Regulated Under CLIA
By Scott Roberts Under the HIPAA Privacy Rule, a Covered Entity is required to revise its notice of privacy practices (“NPP”) where there is a material change to any of its privacy policies. The HIPAA/HITECH Omnibus Final Rule (the “Omnibus Rule”) issued earlier this year requires a number of changes to privacy policies that will …
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Getting to Know Dickinson Wright Healthcare Attorney Mark Wilson
As the healthcare world evolves, physicians are looking at various delivery system alternatives to ensure the longevity of their practices. Some will join a health system while others look for alternatives. One choice is a new trend in the healthcare field termed “Supergroups”. “Supergroups” are business entities made up of 30 to 200+ physicians and …
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A Federal District Court in Florida Finds Hospital System Properly Terminated a Professional Services Contract for a HIPAA Breach
By Jerry Gaffaney The U.S. District Court for the Southern District of Florida found on June 20, 2013 that defendant Community Health Systems, Inc., and its affiliated hospital, Salem Hospital (collectively, “CHS”) properly terminated a Professional Services Agreement it had with Managed Care Solutions, Inc. (“MCS”) for breach of contract after determining that Nichole Scott, …
Legal Issues in Keeping Patients’ Credit Card Information on File
Many physicians find credit cards to be the easiest way of accepting payment, and some will even keep their patient’s credit card information on file in case a patient fails to pay their bill. What many of these physicians do not realize, however, is that electronically storing a patient’s credit card information opens them up …
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Reminder: Compliance Dates for Revising Your Business Associate Agreements for Compliance with the HIPAA Omnibus Rule
By Rose J. Willis The required compliance dates for revising business associate agreements (“BAA”) between covered entities and business associates, or business associates with subcontractors, respectively, to reflect the new requirements of the Health Insurance Portability and Accountability Act (“HIPAA”) “omnibus” regulations issued on January 17th, 2013 (the “Final Rules”) are approaching. As a reminder, …
The Supreme Court Holds Human Genes are Unpatentable
By Joan Ellis, Ph.D. In a unanimous decision written by Justice Thomas, the Supreme Court held that naturally-occurring DNA sequences are unpatentable. The Court has long held that certain subject matter is not patent eligible under 35 USC § 101. Patent exempt subject matter includes laws of nature, natural phenomenon, and abstract ideas. In this …
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IRS Issues Transition Relief on the One-Year Delay in ACA’s Information Reporting and Employer Shared Responsibility Rules
By Jordan Schreier On July 9, 2013, the IRS issued Notice 2013-45 which provides additional information regarding the delay in the information reporting and employer shared responsibility provisions of the ACA announced earlier in July. Notice 2013-45 does not provide much in the way of substantive detail other than to confirm the delay in the …