HIPAA, not HIPPA: Common Misunderstandings and Clarifications of the Law
The COVID-19 pandemic has resulted in an outpouring of information to the general public, much of it inaccurate. Healthcare related law has
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- Oct 29, 2020
Information Blocking: 21st Century Cures Act
The federal 21st Century Cures Act from 2016 included provisions to advance and accelerate the adoption and effective use of health...
- Oct 28, 2020
Hospitals, Nursing Homes, and Other Facilities Incentivized to Sue on Medical Debts Sooner
New York State passed a law changing the statute of limitations for medical debt in April of this year (Laws of 2020, Chapter 56). The new..
- Oct 8, 2020
Office of Professional Medical Conduct (“OPMC”) Changes for Physicians
On October 7, 2020, New York Governor Andrew Cuomo signed a new bill (S.6678-A) into law requiring that all physicians' practice settings...
- Sep 9, 2020
NYSBA Task Force on Nursing Home COVID-19 Deaths
In the United States, COVID-19 has infected over 6 million people and caused almost 190,000 deaths and the totals are rising. A large...
- Jul 21, 2020
How to Prevent Discrimination & Avoid Violations under Title VI during the COVID-19 Pandemic
As part of the national response to the COVID‐19 public health emergency, the U.S. Department of Health and Human Services (HHS) provided...
- Jul 6, 2020
Bare Minimum Level of Scrutiny Applied to Federal Rule Requiring Publication of Hospital Price Sheet
A recent decision out of the United States District Court of the District of Columbia upheld a new federal rule requiring hospitals in...
- May 26, 2020
OCR Issues Guidance Regarding Media Coverage of Health Care Facilities Treating COVID-19
Recently, the Office for Civil Rights (OCR) issued additional guidance reminding covered health care providers that the HIPAA Privacy...
- May 20, 2020
Governor Cuomo Rolls Back Health Care Provider Protections
On May 7, 2020, Governor Cuomo issued Executive Order 202.28 and rolled back many of the protections afforded to health care providers...
- May 11, 2020
Health Care Overpayment Issues: Preparing for a Return to Normal
On March 4, 2020, the Centers for Medicare & Medicaid Services (“CMS”) announced it would direct all state survey agencies to focus on...
- Apr 6, 2020
Overview of the CARES Act
On March 27, 2020, President Donald J. Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The...
- Apr 6, 2020
COVID-19 and HIPAA
During this COVID-19 pandemic, the Office for Civil Rights (“OCR”) has issued guidance for health care providers and patients/residents...
- Mar 30, 2020
Elective Surgeries During the Coronavirus Pandemic
During his daily briefing on March 25, 2020, New York Governor Andrew M. Cuomo confirmed that there are a total of 30,811 cases of...
- Mar 26, 2020
Qualified Immunity Granted to Medical Personnel During COVID-19 Outbreak
It is well-established law that when a person acts, he or she must do so without negligence – without breaching a duty he or she owes to...
- Mar 26, 2020
COVID-19 and Telehealth Updates
New York State, the Federal government, and State and Federal departments and agencies have issued several orders and declarations over...
- Mar 25, 2020
Dentistry in the Age of Coronavirus
As we learn more about the transmission vector for coronavirus, many medical professionals are concluding that the virus is likely spread...
- Mar 24, 2020
Telehealth and HIPAA during the COVID-19 Nationwide Public Health Emergency
The Department of Health and Human Services’ Office for Civil Rights (“OCR”) publicized a Notification of Enforcement Discretion...
- Mar 24, 2020
Hospital Visitations in the Face of the COVID-19 Pandemic
In the face of the COVID-19 (“Coronavirus”) pandemic, nursing homes and in-patient hospice facilities have been faced with a new...
- Mar 11, 2020
Subpoena Compliance for Medical Providers: New Case Lessens Requirements
At the end of 2019, the New York State Court of Appeals provided some clarification on how medical providers should respond to subpoenas ...
- Jan 17, 2020
HIPAA Compliance: Is Your Organization Prepared for Its Next Data Breach
It is more likely than not that your organization will eventually experience a data breach. The question is whether your organization...