HIPAA Phase 2 Audit Program Commences

There is still time to protect your company or practice. In preparation for potential OCR audits, health care providers and health technology companies should conduct an internal audit of their compliance with State and Federal privacy and security rules, including HIPAA, and begin to address any shortfalls. OCR's increased budget and strategic plans related to HIPAA enforcement should remind the healthcare community of the growing commitment of the Federal Government to strictly enforce its privacy and security protections. Contact your healthcare attorney for advice on how to address your compliance posture.

Read More
Payer Contract Negotiation Nuts and Bolts

Contracts are long and complicated, often missing or obscuring key information a provider needs to make an informed decision about whether to agree to the contract’s terms. In addition, insurance companies are incredibly resistant to modifying their contracts. Contract negotiation employees often say “no” to even minor changes, expecting that the provider will back down. It takes a significant amount of pushing back to gain access to the staff with the power to make changes. Many providers, we know, simply negotiate the fee schedule, and sign the payer contract without a full understanding of its content. We think that is a mistake—these contracts can have legal and financial impacts unrelated to the fee schedule rates, which outlive the contract itself. But, it's not always clear what parts of these gargantuan documents medical practices should be looking for to reduce their risk. In this post, we describe specific types of provisions to read carefully and consider, how easy it will be to change them, and why you may be agreeing to more than the language inside the contract:     

Read More
Busting Barriers to Exchange of Health Care Records

On February 5, the Secretary of Health and Human Services, Sylvia Burwell, announced a proposed rule that would update privacy rules regarding substance abuse records--for the first time since 1987. This proposed rule has the potential to ease barriers to streamlined and efficient exchange of patient information across the care spectrum.

Read More
Rebecca E. Gwilt speaking at CMS' DATA PRIVACY DAY Forum

NLG Partner Rebecca E. Gwilt speaking at Centers for Medicare & Medicaid Services DATA PRIVACY DAY forum, alongside Maya Bernstein, HHS ASPE Senior Advisor for Privacy Policy and Rogelyn McLean, HHS Office of General Counsel. Rebecca will be sharing her perspective on the role of the government in creating a workable framework for HIPAA compliance and the role of the private sector in respecting privacy, safeguarding data and enabling trust.

Read More
The Price of Overpromising

Health IT vendors are under incredible pressure to represent to customers that their hardware and software solutions are impervious to cyber threats. Pick any major trade show and the first line you'll hear from exhibitors is that their solution is HIPAA-compatible, and, even more misleading, HIPAA-compliant. It's important that vendors understand overstating security protocols and capabilities can have major legal and financial implications.

Read More
HIPAA and Gun Control

On January 6, 2016, in a dramatic national press conference, President Obama announced several actions by his administration to address gun violence in the US. One of these actions is a long-planned modification to the Health Insurance Portability and Accountability Act (HIPAA). The same day, the Department of Health and Human Services (HHS) published a Final Rule adding a permitted disclosure to the HIPAA Privacy Rule, which expressly permits a limited number of Covered Entities to disclose protected health information (PHI) of certain individuals to the National Instant Criminal Background Check System (NICS). The modification is aimed at removing one barrier to expanding the quality of the information in NICS, which is used by firearms vendors to disqualify potential purchasers who are federally barred from owning firearms. 

Read More
Nixon Law Group Announces New Partner, Establishes Richmond Office

VIRGINIA, January 4, 2016/Nixon Law Group, LLC/- Nixon Law Group, a Virginia law firm focusing on healthcare law and the Affordable Care Act reforms, kicks off 2016 by welcoming Rebecca Gwilt, Esq. as Partner. Ms. Gwilt brings a wealth of knowledge and experience in health law, serving previously as counsel at the Center for Medicare and Medicaid Services ("CMS"). In her new role, she will also lead the Richmond office of Nixon Law Group.

Read More
Buying Professional Liability (Malpractice) Insurance

One of the key elements of any healthcare provider’s risk management plan is securing professional liability (also known as “medical malpractice”) insurance coverage. But, all professional liability policies are not created equal. When considering which policy to purchase, physicians and other healthcare providers should thoroughly examine and understand who the policy covers, how coverage is triggered, and the types of patient claims that are eligible for coverage. . . .

Read More