Health Care Law Blog

Long-Awaited Privacy Rules Just Published

The Office for Civil Rights of the Department of Health and Human Services recently released its final rule (the "Rule") modifying the Health Insurance Portability and Accountability Act ("HIPAA") and implementing the statutory requirements of the Health Information Technology for Economic and Clinical Health Act (“HITECH”).  (The Rule was originally expected to be released in February of 2010 when HITECH became effective.) In short, the Rule: modifies HIPAA’s privacy, security and enforcement rules; changes HIPAA’s enforcement rules to increase penalties consistent with HITECH; provides a final rule on breach notification; and modifies HIPAA as required by the Genetic Information Nondiscrimination Act.

The new rule is approximately 563 pages and can be accessed here.  If you have any questions about how the Rule may impact your health care practice, please contact Nicole Stratton at (517) 371-8140 or by using the form below.

Categories: Compliance, HIPAA, HITECH Act, Hospitals, Physicians, Privacy, Regulatory

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New Board of Dentistry rules for handling and disposal of amalgam

The Michigan Board of Dentistry has adopted several new rules governing the handling and disposal of amalgam waste for dentists and dental practices.  

There are some exceptions for oral and maxillofacial surgeons; oral and maxillofacial radiologists; oral pathologists; orthodontists; periodontists; and dentists providing services in a dental school or hospital, or through a local health department.  Read More ›

Categories: Compliance, Licensing, Physicians, Regulatory

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National Practitioner Data Bank

Hospitals are required to report certain adverse clinical privileging actions and medical malpractice payments to the National Practitioner Data Bank (NPDB).  Since the NPDB was established by the Health Care Quality Improvement Act (HCQIA) in 1986, compliance with these reporting obligations has been largely entrusted to hospitals with little enforcement action by the United States Department of Health and Human Services.  There are now reports that the federal government has begun auditing compliance by hospitals with the NPDB reporting requirements. Read More ›

Categories: Audits, Compliance, Hospitals, Physicians

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Patient Protection and Affordable Care Act Marches On

As President Obama moves into his second term, health care reform moves forward with him. Wholesale repeal of the Patient Protection and Affordable Care Act (PPACA) now seems highly unlikely. With the majority of the PPACA provisions slated to go into effect in 2014, employers need to be ready.

Foster Swift has developed guides to aid employers with their preparation efforts. Click the links below to download these guides.

Documents updated 07-12-2013

If you have any questions regarding health care reform, please contact a member of the Foster Swift Health Care Law Group.

Categories: Employee Benefits, Employment, Health Care Reform, Hospitals, Insurance, Physicians, Regulatory

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Visa Options for Foreign Nurses and Legislative Update

Curiously, traditional registered nurses ("RNs"), excepting Canadian and Mexican RNs under NAFTA, lack a general temporary visa category to work in the United States. While there are favorable provisions for an RN to obtain permanent resident status (a “Green Card”) based upon employment, the lengthy eligibility wait time for the permanent visa category limits the practical usefulness of these provisions in many cases. Currently, temporary visa options for nurses are limited to the following. Read More ›

Categories: Employment, Hospitals, Physicians

Posted by: Ryan E. Lamb

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Foster Swift Lawyers Attend Annual State Bar of Michigan Health Care Law Section Meeting

Foster Swift lawyers were well represented at the Annual Meeting of the State Bar of Michigan's Health Care Law Section held on September 19th. Gilbert Frimet, Gary McRay, Jennifer Kildea Dewane, and Nicole Stratton, members of Foster Swift Health Care Law Practice Group, all traveled to Detroit to attend the meeting.  Read More ›

Categories: Health Care Reform, Health Insurance Exchange, Hospitals, Insurance, Medicare/Medicaid, Physicians, Regulatory

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Proposed Rules Would Allow Physician Assistants to Prescribe Schedule 2 Controlled Substances

The Board of Medicine and the Board of Osteopathic Medicine have proposed amendments to the administrative rules governing the delegation of prescribing authority to physician assistants.  Under the existing rules, a physician may only delegate to physician assistants the authority to prescribe controlled substances that are listed in the Federal Drug and Enforcement Administration’s (“DEA’s”) Schedules 3 to 5.  The proposed amendments would eliminate that limitation and allow physicians to authorize physician assistants to prescribe Schedule 2 controlled substances. Read More ›

Categories: Hospitals, Physicians, Regulatory

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Governor Snyder Proposes Total Overhaul to Blue Cross Blue Shield of Michigan

Governor Rick Snyder in a press conference this morning proposed a total overhaul of Blue Cross Blue Shield of Michigan ("BCBSM").  Governor Snyder's proposal would:

1. covert BCBSM to a non-profit mutual company;
2. end its tax exemption; and
3. remove Attorney General review of requested rates. 

In essence, Michigan would treat BCBSM as it would any other health insurer as BCBSM would be regulated by the Insurance Code.  While this proposal may seem drastic, it is not surprising given recent regulation orders by the Office of Financial and Insurance Regulation ("OFIR") curtailing BCBSM's use of most favored nation clauses ("MFN Clauses") and rejecting the low rates that it charges to hospitals and other providers. Read More ›

Categories: Hospitals, Insurance, Physicians, Regulatory

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Upcoming Workshop to Address Most-Favored-Nation- Clauses - Just Announced

On August 17, 2012, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) announced that they will hold a joint public workshop addressing insurers’ use of most-favored-nation clauses (“MFNs”).  The all-day workshop will be held on September 10, 2012 in Washington DC and will be in-person, free and open to the public.  At the workshop, the agencies intend “to explore the use of MFN clauses and the implications for antitrust enforcement and policy.”  The workshop will also include a series of panel discussions examining the legal treatment of MFNs, the economic theories concerning MFNs, and their impact upon the health care industry. Read More ›

Categories: Hospitals, Insurance, Physicians

Posted by: Jennifer Kildea Dewane

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Supplemental Retirement Plan Considerations for Health Care Managers

For health care managers, there are a number of available options and strategies to consider when planning for retirement.  In addition to traditional employer plans, an exempt health care provider may also offer supplemental plan options to its managers and highly compensated employees.  Taking advantage of such benefits may prove to be a wise investment decision for health care managers. Read More ›

Categories: Employee Benefits, Employment, Hospitals, Physicians, Retirement

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