Rachel V. Rose, JD, MBA, advises clients on compliance, transactions, government administrative actions, and litigation involving healthcare, cybersecurity, corporate and securities law, as well as False Claims Act and Dodd-Frank whistleblower cases. She also teaches bioethics at Baylor College of Medicine in Houston. Rachel can be reached through her website, www.rvrose.com.
Reminder: Important Stark Effective Date and Physician Group PracticesNovember 11th 2021
On December 2, 2020, CMS published new provisions and exemptions related to the Stark Law (85 Fed. Reg. 77492) and HHS-OIG published new provisions and safe harbors related to the Anti-Kickback Statute (AKS) (85 Fed. Reg. 77684.
Biometrics and Artificial IntelligenceSeptember 9th 2021
As more states enact biometric laws (although none are as robust as Illinois), healthcare AI companies, covered entities, and business associates should take note and take steps to update compliance programs in order to reduce the risk of a lawsuit and a potentially criminal HIPAA violation.
CISA cybersecurity vulnerability announcement underscores importance of risk assessment when transferring PHIs to patientsApril 29th 2021
Covered entities should be balancing a patient’s right to request his/her medical records or designated record set in a particular electronic format with an unacceptable level of security risk to the covered entity’s systems.
A HIPAA Trifecta: OCR Audit Results, HHS Proposed Privacy Rule Changes & Indictments for Stealing PHIDecember 28th 2020
As 2020 comes to a close, three items related to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH Act”) emerged.