Tag archive: rule

CMS: Change in Direction on Arbitration Ban

On September 28, 2016, CMS created the “Arbitration Rule”, banning arbitration agreements in nursing home admission agreements. By creating this Rule, CMS took the position that, due to the inequality of bargaining power between potential nursing home residents and long term care facilities, those facilities could no longer require, or even offer, binding arbitration as…

Phase 2 HIPAA Audits Are Coming, Now Is The Time To Get Ready

In 2011-2012, the U.S. Department of Health and Human Services Office for Civil Rights conducted a pilot audit program (Phase 1) to evaluate covered entities compliance with HIPAA privacy, security and breach notification rules. The results of those audits…

Covered Entity Alert – HIPAA BAA Compliance Deadline is 9-23-14

The Omnibus Final Rule (Final Rule) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was issued in January 2013 and became effective on March 26, 2013 with a general compliance date of September 23, 2013. However, Covered Entities were given additional time to get their pre-Final Rule Business Associate Agreements (BAAs) in…

OIG, CMS release Final Rule for the Stark Exception, Anti-Kickback Safe Harbor for Electronic Health Records (EHR) Donation

While the donation of a valuable item such as an EHR program would raise fraud and abuse concerns, exemptions under Stark Law and Anti-Kickback Safe Harbor were designed to encourage the widespread implementation of EHR  and to let smaller providers accept gifts of EHR software without violating the law or statute. The final rule for…

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