health care law Archives - Coppersmith Brockelman PLC

Sep 23 2024

Katherine Hyde & Mel Soliz Share Insights on Substance Use Disorder Record Changes with Healthcare Risk Management

The U.S. Department of Health and Human Services (HHS) recently modified regulations for substance use disorder (SUD) patient records (see 42 CFR Part 2 or Part 2), making it more important than ever for health care organizations and providers to ensure they’re prepared to meet the new requirements. In a recent article for Healthcare Risk Management, Katherine Hyde and Mel Soliz explain the changes and their impact. These revisions aim to better align the Part 2 regulations with the Health Insurance Portability and Accountability Act (HIPAA). The new Part 2 enforcement and penalty structure will include both criminal and civil penalties and will require Part 2 programs to report unauthorized uses and disclosures of SUD records in violation of Part 2 to individuals, HHS, and in...

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Nov 14 2023

Marki Stewart Receives OIG Advisory Opinion on Physician Compensation

Naomi Jorgensen

In a watershed opinion, attorney Marki Stewart obtained a favorable OIG Advisory Opinion for Phoenix Neurological Institute relating to physician compensation. The Advisory Opinion stands as a pivotal juncture outlining how employers may compensate their employed physicians without running afoul of the Anti-Kickback Statute. The OIG Advisory Opinion outlines two key points: Employers may provide a bonus to employed physicians that is based on the volume or value of business the physician generates for the employer; and Employers may include revenue received from multiple service lines, including ambulatory surgery center facility fees, in their employed physicians’ compensation. “This Advisory Opinion will serve as a catalyst for the adoption of fair, transparent, and legally sound physician compensation practices, thereby benefiting both healthcare providers and the patients they serve,” said...

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Karen Owens Reappointed to Arizona Society of Healthcare Attorneys Board of Directors

Oct 02 2023

Karen Owens Weighs in on Transgender Patient Care, Governing Regulations, and Health Care Data at the Collaborative Compliance Conference

Naomi Jorgensen

The federal government, state legislatures, and health care organizations are all closely focused on the scope of required and permitted health care for transgender patients. Health Care Law partner Karen Owens explored the rules around transgender patient care and how organizations can be more welcoming for transgender individuals at AAPC and the American Health Lawyers Association’s 2023 Collaborative Compliance Conference. Presenting with Trent Stechshulte, VP and general counsel of I Am Boundless, Inc., Karen reviewed Section 1557 of the Affordable Care Act, the first federal antidiscrimination law directly addressing health care, and the series of regulatory efforts and court decisions since 2016 interpreting Section 1557. Karen also examined pending state legislation, some increasing protections for transgender patients, and others limiting access to medically necessary health...

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Aug 24 2023

Karen Owens Explains The Joint Commission’s 3-Year Credential Cycle Decision

Naomi Jorgensen

The Joint Commission recently extended the permitted timeframe for hospital medical staff credentialing from two to three years. Health Care Law partner Karen Owens broke down the change and the effects of a three-year credential cycle in her recent presentation at the Arizona Association of Medical Staff Services’(AAMSS) Fall Conference. Karen explained that 3-year credentialing can help streamline and enhance quality-assessment processes, analyzed the applicable regulations and interpretive guidelines, and highlighted a number of operational issues involved in three-year credentialing, including CMS’ position, the mechanics of switching over, and risk management considerations. Karen represents health care systems, hospitals, clinics, and other providers in matters of medical staff credentialing and peer review, medical staff structures, bylaws and confidentiality, as well as National Practitioner Data Bank, state professional board,...

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May 17 2023

Kristen Rosati Explains the Legal Issues for Health Care Organizations Using Web-tracking Tools

Naomi Jorgensen

Regulators have initiated investigations and class-action lawsuits have been filed against some health care organizations regarding their use of web-tracking technologies in marketing practices. Kristen Rosati, in her presentation to the Nashville Healthcare Privacy Network, explained the data privacy issues posed by web-tracking tools and the possible legal repercussions of using them. Following the STAT Health News investigation into healthcare organizations’ web-tracking technology, Kristen explained that these tools have been under increased scrutiny. During the presentation, she highlighted the implications for compliance with HIPAA, Federal Trade Commission regulations, and state data privacy laws. Kristen, a past President and Fellow of the American Health Law Association, is a nationally sought-after expert and speaker on big data and HIPAA compliance. She brings extensive knowledge related to data privacy and...

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Mar 23 2023

Kristen Rosati Advocates for a Federal Standard for Health Data De-Identification

Naomi Jorgensen

De-identified data is essential to research and innovation in health care. To ensure continued access to de-identified data, Kristen Rosati advocates for two goals in her guest commentary in Datavant’s newsletter Privacy Matters. First, Kristen explains the need for a federal prohibition on re-identification of individuals from de-identified datasets. This prohibition would act as an alternative to the current push for individual control of de-identified data, which would negatively impact the quality of and ability to conduct essential research. Second, the industry should push for using well-established HIPAA de-identification standards in evolving state laws. Having one consistent and well-crafted de-identification standard is crucial for research and other data collaborations. Kristen, a past President and Fellow of the American Health Law Association, is a nationally sought-after expert and...

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Katherine Hyde & Mel Soliz Share Insights on Substance Use Disorder Record Changes with Healthcare Risk Management

Marki Stewart Receives OIG Advisory Opinion on Physician Compensation

Karen Owens Weighs in on Transgender Patient Care, Governing Regulations, and Health Care Data at the Collaborative Compliance Conference

Karen Owens Explains The Joint Commission’s 3-Year Credential Cycle Decision

Kristen Rosati Explains the Legal Issues for Health Care Organizations Using Web-tracking Tools

Kristen Rosati Advocates for a Federal Standard for Health Data De-Identification

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