Holland & Hart's Health Law Blog
  • Publications
  • Webinar Recordings
    • 2025 Webinar Recordings
    • 2024 Webinar Recordings
    • 2023 Webinar Recordings
    • 2022 Webinar Recordings
    • 2021 Webinar Recordings
    • 2020 Webinar Recordings
    • 2019 Webinar Recordings
    • 2018 Webinar Recordings
    • 2017 Webinar Recordings
    • 2016 Webinar Recordings
  • Compliance Bootcamps
  • Attorneys
  • Healthcare Law
  • Employers’ Lawyers Blog
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

Check Your Business Associate Agreements: OCR Tags Health System for Outdated BAA

October 4, 2016/in HIPAA

By Kim Stanger, Holland & Hart LLP

The Office for Civil Rights (“OCR”) continues to emphasize the need for covered entities and business associates to have compliant business associate agreements (“BAAs”). Last week, the OCR announced a $400,000 settlement with a hospital system for failing to update its BAAs to include terms required by the 2013 HIPAA Omnibus Rule. In a press release, OCR Director Jocelyn Samuels stated,

This case illustrates the vital importance of reviewing and updating, as necessary, business associate agreements, especially in light of required revisions under the Omnibus Final Rule …. The Omnibus Final Rule outlined necessary changes to established business associate agreements and new requirements which include provisions for reporting.”

See Press Release here. Earlier this year, the OCR entered settlement agreements of $1,550,000 and $750,000 based on the covered entity’s failure to execute BAAs where the business associate had experienced a data breach. See reported settlements at https://www.hhs.gov/hipaa/newsroom/index.html. The lesson is clear: covered entities must have BAAs, and those BAAs must contain the required terms; failure to do so may subject the covered entity to liability for the business associate’s breach. Read more

https://hhhealthlawblog.com/wp-content/uploads/2024/05/logo_vertical-v2.png 0 0 admin https://hhhealthlawblog.com/wp-content/uploads/2024/05/logo_vertical-v2.png admin2016-10-04 22:00:262016-10-04 22:00:26Check Your Business Associate Agreements: OCR Tags Health System for Outdated BAA

Idaho Board of Medicine Disavows the Corporate Practice of Medicine Doctrine

September 13, 2016/in Hospitals & Health Systems, Physician Practices

By Kim Stanger, Holland & Hart LLP

For decades, the Idaho Board of Medicine took the position that, with limited exceptions, the Idaho Medical Practice Act “prohibits unlicensed corporations and entities from hiring physicians as employees to provide medical services to patients.” Memo from J. Uranga to Idaho State Bd. of Medicine dated 2/26/07. This “corporate practice of medicine doctrine” had its Idaho foundation in a 1952 Idaho Supreme Court case which held that:

[n]o unlicensed person or entity may engage in the practice of the medical profession though licensed employees; nor may a licensed physician practice as an employee of an unlicensed person or entity. Such practices are contrary to public policy.

Worlton v. Davis, 73 Idaho 217, 221 (1952). The Board of Medicine warned that violations of the doctrine may result in disciplinary action against physicians and, more recently, physician assistants. Entities that improperly employed physicians or physician assistants risked the possibility of criminal action for the unauthorized practice of medicine.

Over the years, the corporate practice of medicine doctrine has been criticized as anachronistic and inconsistent with recent legislative action. See, e.g., M. Gustavson and N. Taylor, At Death’s Door—Idaho’s Corporate Practice of Medicine Doctrine, 47 Idaho L. Rev. 480 (2011). Read more

https://hhhealthlawblog.com/wp-content/uploads/2024/05/logo_vertical-v2.png 0 0 admin https://hhhealthlawblog.com/wp-content/uploads/2024/05/logo_vertical-v2.png admin2016-09-13 17:46:332016-09-13 17:46:33Idaho Board of Medicine Disavows the Corporate Practice of Medicine Doctrine

Providers Must Post New Nondiscrimination Notices

July 6, 2016/in Nondiscrimination, Interpreters and Translators

By Kim Stanger, Holland & Hart LLP

Under the new ACA Nondiscrimination Rules, covered entities (including most healthcare providers) must post and publish new mandatory nondiscrimination statements and taglines by October 16, 2016.

1. Notice of Nondiscrimination + Taglines: Facility, Website, and Significant Publications. The new mandatory “Notice of Nondiscrimination” must inform persons that:

  1. the covered entity does not discriminate on the basis of race, color, national origin, sex, age, or disability in its health programs and activities;
  2. the covered entity provides appropriate auxiliary aids and services, including qualified interpreters for individuals with disabilities and information in alternate formats, free of charge and in a timely manner, when such aids and services are necessary to ensure an equal opportunity to participate to individuals with disabilities;
  3. the covered entity provides language assistance services, including translated documents and oral interpretation, free of charge and in a timely manner, when such services are necessary to provide meaningful access to individuals with limited English proficiency;
  4. how to obtain the aids and services described above;
  5. if the covered entity has fifteen or more employees, identification of, and contact information for, the employee responsible for coordinating the covered entity’s compliance as required by the regulations;
  6. if the covered entity has fifteen or more employees, the availability of the grievance procedure required by the regulations and how to file a grievance; and
  7. how to file a discrimination complaint with the Office for Civil Rights (“OCR”).

(45 C.F.R. § 92.8(a) and (b)(1)). HHS has published a sample Notice of Nondiscrimination, which is available here. Although HHS encourages entities to post the Notice of Nondiscrimination in languages other than English, covered entities are not required to do so. Read more

https://hhhealthlawblog.com/wp-content/uploads/2024/05/logo_vertical-v2.png 0 0 admin https://hhhealthlawblog.com/wp-content/uploads/2024/05/logo_vertical-v2.png admin2016-07-06 15:57:212016-07-06 15:57:21Providers Must Post New Nondiscrimination Notices

New ACA Anti-Discrimination Rules: Language Assistance for Non-English Speakers

June 14, 2016/in Nondiscrimination, Interpreters and Translators

By Kim Stanger, Holland & Hart LLP

On May 18, 2016, HHS published its final rules implementing the anti-discrimination provisions of the Affordable Care Act § 1557. This is the first of several alerts discussing aspects of the new rule: this alert focuses on those provisions requiring language assistance for persons with limited English proficiency; future alerts will cover rules related to sex discrimination and persons with disabilities. The new language assistance rules build on but extend beyond HHS’s 2003 Guidance Regarding Limited English Proficient Persons, 68 F.R. 47311 (“LEP Guidance”).

Application. The new rules apply to any entities (“covered entities”) that operate a health program or activity that receives federal financial assistance under programs operated by HHS, including but not limited to Medicaid or Medicare parts A, C and D, but excluding Medicare Part B. (45 C.F.R. § 92.2(a); 81 F.R. 31383). Among others, the rule applies to hospitals, clinics, medical practices, solo practitioners, nursing homes, or other healthcare entities that participate in federal programs other than Medicare Part B. (81 F.R. 31384-85). Covered entities are not required to comply if doing so would violate applicable federal statutory protections for religious freedom and conscience. (45 C.F.R. § 92.2(b)). Also, the regulations do not apply to employment discrimination. (45 C.F.R. § 92.101(a)(2)). Read more

https://hhhealthlawblog.com/wp-content/uploads/2024/05/logo_vertical-v2.png 0 0 admin https://hhhealthlawblog.com/wp-content/uploads/2024/05/logo_vertical-v2.png admin2016-06-14 21:33:222016-06-14 21:33:22New ACA Anti-Discrimination Rules: Language Assistance for Non-English Speakers

New ACA Nondiscrimination Rules: Protecting Individuals Against Sex Discrimination

June 9, 2016/in Nondiscrimination, Interpreters and Translators

By Patricia Dean, Holland & Hart LLP

On May 18, 2016, HHS published its final rules implementing the anti-discrimination provisions of the Affordable Care Act § 1557. This is the third of three alerts discussing various aspects of the new rules. This alert focuses on the rules protecting individuals against discrimination based on sex. The first alert (available here) focused on the rules’ requirement for language assistance for persons with limited English proficiency. The second alert (available here) focused on the rules ensuring protections for individuals with disabilities. The final rule goes into effect on July 18, 2016.

Relationship to Other Laws. Section 1557 is the first federal civil rights law to prohibit discrimination “on the basis of sex” (including gender identity and sex stereotyping) in covered health programs and activities. In doing so, it builds on HHS Titles VII and IX, and federal case law to clarify what constitutes sex discrimination and prohibit specific discriminatory practices. It does not preempt or alter other laws, and providers must continue to comply with other state and federal laws in addition to the new ACA nondiscrimination rules. Read more

https://hhhealthlawblog.com/wp-content/uploads/2024/05/logo_vertical-v2.png 0 0 admin https://hhhealthlawblog.com/wp-content/uploads/2024/05/logo_vertical-v2.png admin2016-06-09 21:31:162016-06-09 21:31:16New ACA Nondiscrimination Rules: Protecting Individuals Against Sex Discrimination
Page 33 of 46«‹3132333435›»

Idaho Patient Act Timeline


View our Idaho Patient Act Timeline Guide

Holland & Hart

This blog is maintained by the Health Law practice group of Holland & Hart LLP. Visit the Holland & Hart website.

Subscribe to Email Updates

Enter your Email:

Contact

If you have any questions, please contact Kim Stanger.

More COVID-19 Articles


View more COVID-related articles on our Labor & Employment Blog

Categories

Archives

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.

© Copyright 2025 | Holland & Hart LLP - Enfold WordPress Theme by Kriesi
Scroll to top Scroll to top Scroll to top