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Keeping you afloat admidst the rising sea of regulations

FCC Paving the Way for Advancement of Telehealth

What’s New?The Federal Communications Commission recently solicited public comment on how it can better facilitate broadband-enabled health care solutions by adopting new policies or removing existing regulatory barriers. Initial comments are due on May 24, while reply comments are due June 8 of this year. 

New Director, Same Direction for OCR HIPAA Enforcement

What’s New?On Monday, the US Department of Health & Human Services’ Office for Civil Rights announced that CardioNet has entered into a $2.5 million HIPAA settlement.

Chemical & Life Sciences Litigation: Year In Review

As in previous years, 2016 brought us a combination of both expected and unexpected holdings by the Supreme Court and the Federal Circuit.

The Ninth Circuit Speaks on Health Care Providers’ ERISA Rights

A recent decision from the Ninth Circuit Court of Appeals in DB Healthcare, LLC v. Blue Cross Blue Shield of Arizona, Inc., No. 14-16518, 2017 WL 1075050 (9th Cir. Mar. 22, 2017) reaffirms that health care providers are not health plan “beneficiaries” with the ability to sue under ERISA. Health care providers may sue under ERISA’s civil enforcement provisions only when armed with robust assignments of benefits and rights from patients and where the governing Plan documents do not prohibit assignments.  

CMS Announces New Rules for Stark Self-Disclosures

On March 28, 2017, the Centers for Medicare and Medicaid Services (CMS) posted a revised Voluntary Self-Referral (Stark) Disclosure Protocol (SRDP), which replaces the prior version of the protocol.

California Privacy Law Poses Challenge for External Peer Review of Outpatient Psychotherapists

* The following article was originally published by California Healthcare News. To read it on the California Healthcare News website, click here. 

From the Source: Senior Advisor Provides Valuable Insight Into Office For Civil Rights’ Plans

On March 27, 2017, Rachel Yount attended the Health Care Compliance Association’s Compliance Institute 2017, where Illiana Peters, a senior advisor at Health and Human Services, Office for Civil Rights (“OCR”), provided an “OCR Enforcement Update.”

The Fourth Circuit Holds That The Mere Threat of Future Harm Is Insufficient to Confer Standing On Victims of a Data Breach

A recent decision from the Fourth Circuit Court of Appeals in Beck v. McDonald, 848 F.3d 262 (4th Cir. 2017), adds to the list of circuit courts of appeal that have held that that the mere threat of future harm resulting from a data breach, without more, is insufficient to satisfy the injury-in-fact requirement for Article III standing.

Implementation and Enforcement of 340B Final Rule Delayed

In a Federal Register notice scheduled to be published on March 20, 2017, the Health Resources and Services Administration (HRSA) announced that it will delay the effective date of the January 5, 2017 final rule (the Final Rule) that provided guidance on the calculation of drug ceiling prices and the imposition of civil monetary penalties on certain drug manufacturers participating in the 340B Drug