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New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers
/in ACABy Kim Stanger
On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act.1 The revised rules apply to all healthcare providers that receive, directly or indirectly, federal financial assistance, including but not limited to participation in Medicare or Medicaid.2 The revised rules continue to prohibit discrimination based on race, color, national origin, sex, age, and disability and reaffirm providers’ current obligations to provide meaningful access to persons with limited English proficiency or disabilities, but they add a few new twists. The revised rules become effective July 5, 2024, but HHS will delay enforcement of certain provisions as described below. Under the final rules, virtually all healthcare providers3 will need to do the following in addition to complying with other state or federal non-discrimination laws: Read more
Idaho’s New Parental Access Law v. HIPAA
/in HIPAA, Idaho Healthcare LawBy Kim Stanger
As discussed in our prior health law update, New Limits on Minor Consents in Idaho, effective July 1, 2024, parents generally will have the right to access the medical records of their unemancipated minor children subject to very limited exceptions. A parent who is denied access may sue the provider for damages and fees.1 Read more
New Limits on Minor Consents in Idaho
/in Idaho Healthcare LawBy Kim Stanger
Note: This health law update originally was published on April 9, 2024. It was updated April 26, 2024, to reflect additional information.
Effective July 1, 2024, Idaho healthcare providers must obtain parental consent to treat unemancipated minors or face civil liability except in emergency cases. In addition, parents will have a right to access the medical records of their minor children subject to very limited exceptions. This is a significant change in the current law and will require healthcare providers to adjust their current policies and practices. The statute must be read and applied in conjunction with Idaho’s general consent statutes, I.C. § 39-4501 et seq. Read more
Patient Inducements: Law and Limits
/in Anti-KickbackBy Kim Stanger
Although often well-intentioned, offering free or discounted items or services to patients (e.g., gifts, rewards, writing off copays, free screening exams, free supplies, etc.) may violate federal and state laws governing improper inducements, especially if the patient is a federal program beneficiary. The government is concerned that offering or rewarding such inducements to patients may result in overutilization, biased decisions concerning care, and increased costs to the Medicare, Medicaid, or other government programs. Penalties for illegal inducements may include administrative, civil, and criminal penalties; repayment to government programs; and exclusion from federal programs. Increasingly, private payors are also challenging such inducements. It is imperative that healthcare providers and their staff understand the applicable laws and limits. Read more
Avoiding EMTALA Penalties
/in EMTALAby Kim Stanger
The Emergency Medical Treatment and Active Labor Act (“EMTALA”) provides that if a patient comes to a hospital or hospital-owned urgent care center, the hospital and relevant on-call physicians must provide an appropriate screening exam and, if the patient has an emergency medical condition, provide stabilizing treatment or an appropriate transfer regardless of the patient’s ability to pay. (42 U.S.C. § 1395dd; 42 C.F.R § 489.24). Participating hospitals with specialized capabilities cannot refuse to accept the transfer of an unstabilized person. (42 C.F.R § 489.24(f)). Physicians—including on-call physicians—who violate EMTALA may be subject to a civil penalty of $129,233.1 Hospitals that violate EMTALA are subject to civil penalties of $64,618 to $129,2332 per violation, lawsuits for damages, and/or exclusion from Medicare. (42 U.S.C. § 1395dd(d); 42 C.F.R. § 1003.103(e); 45 C.F.R. § 102.3). Read more