Data Privacy Day Graphic

The pandemic of 2020 tested the mettle of our nation’s healthcare system in many unexpected and profound ways. As healthcare delivery was being rapidly restructured to accommodate COVID-19 diagnosis and treatment and socially-distanced care, bad actors simultaneously began to exploit the increased number of vulnerabilities in health information systems created by telehealth platforms, patient portals and the inattention of stressed, overworked staff. The result was an unprecedented number of cyberattacks culminating in an alert from the Cybersecurity and Infrastructure Security Agency (CISA) on October 28, 2020 addressing the plague of ransomware activity targeting the healthcare and public health sector.

ABA Health Law Section Members

Recent conversations with associates at Husch Blackwell reminded me of my days as an associate. I recall wondering whether I was doing a good job, if more billable hours meant significantly more money, and what it would really take to be made partner. The firm had a mentor program, and associate reviews, but I still…

hospital

We previously outlined the requirements of the Hospital Price Transparency Rule (the “Rule”), which goes into effect January 1, 2021. See The Price Transparency Rule Goes Into Effect January 1, 2021 – Is Your Hospital Ready?  Since releasing that blog post, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision, ruling against the American Hospital Association and other hospital groups and upholding the District Court’s grant of summary judgement for the Department of Health and Human Services (“HHS”).  Among its allegations, the American Hospital Association had contended that the Rule exceeded HHS’ statutory authority, violated the First Amendment, and was arbitrary and capricious under the Administrative Procedure Act.

Colorado flag waving

Colorado’s Equal Pay for Equal Work Act (EPEWA) goes into effect January 1, 2021, and the Division of Labor Standards and Statistics within the Colorado Department of Labor and Employment adopted final regulations on November 10, 2020, regarding equal pay transparency. Since our last update, on December 18, 2020, the Division issued its Interpretive Notice and Formal Opinion #9 (INFO #9) in yet another effort to provide clarity around the job posting and pay transparency provisions of EPEWA. These provisions have generated the most questions from human resource and internal legal teams. Below we have revised and updated our earlier FAQs to provide the most up-to-date guidance in a single resource.

Team of healthcare workers

Widespread COVID-19 vaccination is considered critical for many employers to return employees to work safely and resume normal business operations in the future. As such, many employers have been asking whether they can require, incentivize or encourage employees to get vaccinated, and what liabilities they may face if they choose any of these options.

Return-to-Campus Considerations Graphic

Return-to-Campus Considerations is a limited series addressing the legal and practical considerations that institutions of higher education should keep in mind when responding to coronavirus-related concerns.

In this final installment, Husch Blackwell attorneys Mary Deweese and Ragini Acharya discuss the use of clinical students and student volunteers in the care of COVID-positive patients, identifying key considerations for academic medical centers and other institutions of higher education as they navigate decision-making with respect to their clinical programs. This webinar addresses issues related to liability and risk management, clinical affiliation agreements, and compliance with accreditation and licensing requirements, and also identifies what institutions should keep in mind for the next semester with respect to COVID-19 vaccinations.

Tune in here: https://bit.ly/3h1Cz6x

Hospice Insights

Join Husch Blackwell’s Meg Pekarske as she further explores good governance in hospice. In this conversation, Meg is joined by fellow attorney Stephanie E. Kaiser as they delve into the details about how a “good” board functions, what are the common attributes and how you can measure performance. They discuss the role of sub-committees…

Electronic medical record with patient data and health care information in tablet. Doctor using digital smart device to read report online. Modern technology in hospital.

On December 10, 2020, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) released a proposed rule that would revise the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

In its news release, OCR noted that the changes “seeks to promote value-based health care by examining federal regulations that impede efforts among healthcare providers and health plans to better coordinate care for patients.”  The proposed changes come on the heels of the recently delayed Information Blocking Rule, which seeks to prohibit interferences with access, exchange, or use of electronic health information (EHI).   The key proposed changes are discussed below.

vaccine needle 12092020

The FDA could approve two COVID-19 vaccines within a matter of days. However, drug makers have tried to keep expectations in check about how much vaccine they can deliver immediately and over the next few months as they grapple with supply chain and manufacturing challenges. In Safety Law Matters, we write about limited and…