In Georgia, seven insurers have announced plans to participate in the Health Insurance Exchange that will exist by virtue of the Affordable Care Act (ACA). The ACA authorized creation of State health insurance “exchanges” (HIX) – an online market place in which consumers can shop for and buy health insurance.…
Little Health Law Blog
The Plea for Repeal of the Medicare Sustainable Growth Rate
The American Medical Association (AMA) and numerous other medical associations, including the Medical Association of Georgia (MAG), are a strong voice for repealing the Medical Sustainable Sustainable Growth Rate (SGR). Led by the AMA, a very large group of influential medical associations wrote Congress late last year advocating that the…
THE CLOCK IS TICKING: Less Than Six Months to Comply with New HIPAA Requirements for Business Associate Agreements
As a general rule of thumb for legal issues, being proactive tends to be much less expensive than being reactive. This general rule certainly applies to health care providers, their business associates and, now, business associate subcontractors with respect to changes required by the Health Insurance Portability and Accountability Act…
THE TIME IS NOW: MANY HEALTH CARE PROVIDERS AND HEALTH CARE BUSINESSES MUST PROMPTLY REVISE BUSINESS ASSOCIATE AGREEMENTS TO COMPLY WITH HIPAA
The U.S. Department of Health and Human Services (HHS) published the HIPAA final omnibus rule (Final Rule) on January 25, 2013. The Final Rule deals with required changes for medical practices and other health care providers that HHS determined are necessary to secure protected health information (PHI). As a result…
“SLOPPY PASTING” EHR: A Risky Shortcut
Our health care system’s slow-but-sure conversion from paper to electronic health records (EHR) continues throughout the United States. The push toward EHR is strong, both as an inevitable industry trend toward efficiency and because of the mandate of federal law. EHR is obviously an integral part of health care reform…
HHS announces first HIPAA breach settlement involving less than 500 patients
A single unencrypted laptop computer containing electronic protected health information (ePHI) cost The Hospice of North Idaho (HONI) $50,000. HONI agreed to pay the U.S. Department of Health and Human Services (HHS) a $50,000 fine to settle potential breaches of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)…
BEWARE the HIPAA police: MORE AUDITS COMING. Get a risk assessment.
The Health Information Technology for Economic and Clinical Health (HITECH) Act requires the U.S. Department of Health and Human Resources (HHS) to conduct audits to ensure health care providers, health care industry organizations, and their business associates comply with HIPAA. The HHS Office for Civil Rights (OCR) audit program scrutinizes…
Combatting a National Trend of Physicians Dispensing Unapproved Foreign Drugs
On January 15, 2013, Dr. Joel I. Bertstein, a La Jolla, California oncologist, pled guilty to a charge that he introduced an unapproved drug into interstate commerce and administering it to patients. The drug is a cancer fighting drug known as “Mabthera.” Mabthera has not been approved by the U.S.…
Things to Consider When Moving Your Medical/Dental Practice
Physicians and dentists often decide to choose a new place to practice. Sometimes it might be in the same area but a different part of town or it can be in another city or state. Whether you are considering opening a new office or simply relocating, it is extremely important…
Final HIPAA Rule Becomes Effective March 26, 2013
The final Health Insurance Portability and Accountability Act (HIPAA) rule was announced on January 17, 2013, modifying the original 1996 version. The rule becomes effective on March 26, 2013, with full compliance mandated by September 23, 2013. After that, enforcement will commence. Under the new rule, patients have new rights…