Articles and Blogs

Published on May 1, 2020, the Information Blocking Regulations (“Regulations”) currently have a compliance date of November 2, 2020. These Regulations reflect a paradigm shift in how health care providers must provide access to electronic health information. Further guidance is pending from CMS and OIG regarding enforcement of the rule; however, exclusion and $1... READ MORE

Beginning on November 2, 2020, health care providers around the nation must ensure compliance with the newly published Information Blocking Regulations (the “Regulations”). Reflecting a shift in how health care providers must provide access to electronic health information, these Regulations aim to improve the quality and availability of health care but also pose a... READ MORE

The push for increased telehealth coverage continues during the COVID-19 public health emergency (“PHE”). On October 14, 2020, CMS added 11 new telehealth services available for Medicare reimbursement during the PHE. The newly added services include cardiac and pulmonary rehabilitation services and certain neurostimulator analysis and programming services. Since the beginning of the PHE,... READ MORE

On July 16, 2020, Blackbaud, a software company that serves nonprofit organizations, began notifying its clients of a May 2020 ransomware attack that potentially compromised individually identifiable information of individuals related to those clients. We are working with multiple clients on this matter, most of whom utilized Blackbaud in relation to their charitable foundations.... READ MORE

A pair of final rules were published May 1, 2020, by HHS. The first rule issued by the Office of the National Coordinator for Health IT (“ONC”) relates to the 21st Century Cures Act information blocking provisions and the ONC Health IT certification program (“Info Blocking Regulations”). The second rule issued by CMS relates... READ MORE

Recently, the President signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Among many changes is a significant modification to the federal confidentiality protections currently afforded substance use disorder (“SUD”) records pursuant to the Public Health Services Act at 42 U.S.C. 290dd-2 (“PHS Act”). Most notable, the amendments to the... READ MORE

In a Public Notice released April 8, 2020, the FCC provided clarification as to the scope of equipment and services it would consider eligible for funding under the COVID-19 Telehealth Program, as well as the anticipated application process. Types of eligible equipment and services include, but are not limited to the following: Telecommunications services... READ MORE

In the midst of the COVID-19 nationwide public health emergency and with 43 states issuing stay-at-home orders, both business and personal connectivity has become increasingly dependent on video-teleconferencing (“VTC”) platforms, such as Zoom, in order to stay connected. Unfortunately, these VTC platforms may be extremely vulnerable to hacking attempts by malicious actors and other... READ MORE

In response to the COVID-19 pandemic, the Department of the Treasury and the Internal Revenue Service (“IRS”) recently issued several pieces of guidance this week on the various tax credits established for employers under the Families First Coronavirus Relief Act (“FFCRA”) and the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Below is... READ MORE

On April 2, 2020, the FCC released its Report and Order, establishing the rules for participation in its recently announced COVID-19 Telehealth Program (the “Program”). Through the Program, the FCC will provide eligible health care providers with 100 percent of the costs of the telecommunications, information services and connected devices (i.e. remote monitoring devices,... READ MORE