Disclaimer
This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author. This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.
Privacy Policy
View our privacy policy.
HIPAA, Patient Access, and Designated Record Sets
/in HIPAABy Kim Stanger
With limited exceptions,1 HIPAA generally gives individuals the right to access or obtain copies of their protected health information (“PHI”) from covered entities. (45 CFR § 164.524(a)). But the right of access does not apply to all PHI that a covered entity might have; instead, individuals only have a right to access information in their “designated record set”. This article summarizes relevant standards for determining which records patients have a right to access. Read more
HHS Proposes Modifications to the HIPAA Privacy Rule
/in HIPAAOn December 10, the U.S. Department of Health and Human Services (HHS) announced proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to support individuals’ engagement in their care, remove barriers to coordinated care, and reduce regulatory burdens on the healthcare industry. The Holland & Hart Healthcare Group shares this important update from HHS for your information:
Read the HHS Update.
We will continue to monitor this news and will provide more in-depth insights on the impacts of the proposed modifications.
New Stark and Anti-Kickback Statute Comparisons
/in Anti-Kickback, StarkBy Kim Stanger, J. Malcolm DeVoy, and Amber Ellis
On November 20, 2020, CMS and the OIG published their much anticipated amendments to the federal Stark and Anti-Kickback laws. As summarized in our recent client alert, the changes open the door to value-based contracting with potential referral sources. They also modify existing regulations and create new safe harbors applicable to provider relationships.
Read more
HHS Amends PREP Act Declaration, Including to Expand Access to COVID-19 Countermeasures Via Telehealth
/in COVID-19, TelehealthOn December 3, the U.S. Department of Health and Human Services (HHS) issued a fourth amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act) to increase access to critical countermeasures against COVID-19. The Holland & Hart Healthcare Group shares this important update from HHS for your information:
Read the HHS Update
We will continue to monitor this news and will provide more in-depth insights on the impacts of this amendment.
Read more
Final Rules for Stark and Anti-Kickback Reforms Issued by CMS and OIG
/in Anti-Kickback, StarkBy Amber Ellis and J. Malcolm DeVoy
On November 20, 2020 the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services Office of the Inspector General (OIG) issued two final rules to modernize and clarify the Physician Self-Referral regulations (the Stark Law, or Stark) and the Anti-Kickback Statute (AKS) safe harbor regulations. These new final rules generally take effect on January 19, 2021.
The prior Stark and AKS regulations were developed in a volume-based health care delivery and payment system. Over time, and with the rise of data that could be used by providers and payers to better anticipate patient needs and payment for them, concern arose that the existing regulations and policies would potentially inhibit the innovation necessary for moving toward a value-based system of care and payment. These new final rules aim to alleviate those concerns and advance the transition to value-based care and encourage the coordination of care among providers, while continuing to provide important safeguards to protect against fraud, abuse, and overutilization. Read more