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Nevada Pauses Medicaid Enrollments for DMEPOS Providers
/in Provider NetworksBy J. Malcolm (Jay) DeVoy
On April 16, 2026, the Nevada Health Authority (NHA) announced a temporary, statewide moratorium on enrolling new Durable Medical Equipment, Prosthetics, Orthotics, and Suppliers (DMEPOS) providers in Nevada’s Medicaid program (Medicaid). While the NHA’s notice does not expressly address revalidation of previously enrolled DMEPOS providers, it describes the moratorium applying only to “the enrollment of new [DMEPOS] providers,” without effect on those currently enrolled in the program.
Providers of DMEPOS distribute a wide range of medical equipment, ranging from FDA-approved medical devices such as skin grafts used in wound care, pacemakers, and metal implants used in treating bone injuries, to CPAP machines used to treat sleep apnea and common mobility aids such as walkers and wheelchairs. To obtain payment for providing these products to patients, DMEPOS providers may be enrolled in Medicare and state Medicaid programs. The moratorium effectively means DMEPOS providers not already enrolled in Nevada’s Medicaid program will not receive payment for these products. Read more
Changes to Idaho’s Minor Consent Law
/in Idaho Healthcare LawBy Kim Stanger
Idaho has amended its restrictive minor consent law effective March 31, 2026.1 A redline showing the changes is available at https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2026/legislation/H0860E1.pdf. The amendments address many of the concerns raised by the original act, but problems and questions concerning its application remain. Read more
Update Business Associate Agreements to Comply with New Substance Use Disorder Record Rules
/in HIPAABy Kim Stanger
As of February 16, 2026, the new rules governing the confidentiality of substance use disorder (SUD) records will be enforced. If they have not done so, federally assisted SUD programs (Part 2 Programs) who are covered entities under HIPAA will need to update their business associate agreements (BAAs) to ensure compliance with the new rules.
SUD Confidentiality Obligations. The new Part 2 rules generally prohibit Part 2 Programs from disclosing SUD information without the patient’s written consent. However, the rules contain an exception that allows Part 2 Programs to disclose SUD information to a qualified service organization (QSO) without the patient’s consent so long as the Part 2 Program has an agreement with the QSO that requires the QSO to comply with Part 2. Read more
Relief for Nevada Providers: Medicaid Exclusion Requirement Waived Through 2026
/in LegislationBy J. Malcolm (Jay) DeVoy
On February 19, 2026, the Nevada Health Authority (NHA) waived the requirement that healthcare providers contract with at least one Public Option health plan as a condition of participation in Nevada Medicaid (Medicaid). This requirement had applied to providers enrolled in Medicaid, contracted with a Nevada Medicaid Managed Care Organization (MCO), or contracted with the Nevada Public Employees’ Benefits Program (PEBP), collectively, the “Government Payors.” NRS 422.2372(8) (requiring the Medicaid administrator to “exclude from participation in Medicaid any provider of health care that fails to comply with the requirements of NRS 695K.230). The NHA’s February 19, 2026 waiver (Waiver) retroactively applies beginning January 1, 2026, and extends through December 31, 2026. During this period, failing to participate in a Public Option plan will not require automatic exclusion from Medicaid. Read more
Do the New Substance Use Disorder Record Rules Apply to You?
/in HIPAABy Kim Stanger
The revised federal rules for substance use disorder (“SUD”) records will be enforced effective February 16, 2026. (42 CFR part 2, hereafter “Part 2”). Failure to comply with the new Part 2 rules may subject healthcare providers and other recipients of covered SUD records to HIPAA penalties ranging from $145 to $2,190,294 per violation along with the affirmative obligation to self-report violations to affected individuals and the Office for Civil Rights. (42 CFR § 2.3; see also 45 CFR § 102.3). Providers rendering SUD treatment or receiving SUD records must determine whether and to what extent the new Part 2 rules apply to them. Read more