HIPAA Regulations

On October 29, 2020, HHS extended the effective date of compliance for the “Information Blocking” final rule promulgated as part of the 21st Century Cures Act (Information Blocking Rule). The Information Blocking Rule, which was set to take effect on November 2, 2020, prohibits health care providers, IT developers, and health information exchanges from unreasonably interfering with the access, exchange, or use of electronic health information (EHI). We previously discussed the practice of information blocking and the eight exceptions in our blog post Information Blocking: Ready or Not, Here it Comes!.

Hospice Insights

As we approach the 40th anniversary of the Medicare hospice benefit, we stand at an important reflection point to evaluate end-of-life care and map its future. In this new series, we gather leaders and thinkers from a range of disciplines to explore our needs at the end of life, how they have changed over time and how care models need to adapt. We will consider our societal relationship to mortality and what impact the growth of Hospice & Palliative Care has had on how we meet the challenges of death and loss. Our guests will share their perspectives on the policy, legislative and healthcare delivery changes needed to enhance how we care for those with life-limiting conditions and ensure wellness at all stages of life. We hope you enjoy these insightful conversations and that they inspire positive change in how we care for one another at the end of life. 

Matrix on blue with rays

The combination of a significant increase in COVID-19 cases, political tensions in the final days of a national election season, and law enforcement’s focus on election security created an opportunity for cybercriminals to target the computer networks of America’s healthcare and public health (HPH) sector. That opportunity has come to fruition this week.

On October 28, 2020 the Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the Department of Health and Human Services (HHS) published Alert AA20-302A (Alert) describing ransomware activity that has targeted the HPH sector. In the Alert, CISA, FBI and HHS assess that cybercriminals are targeting the HPH sector with TrickBot and BazarLoader malware, which are frequently followed by ransomware attacks, data theft, and disruption of healthcare services.

Telehealth

On May 1, 2020, the Department of Health and Human Services, Office of the National Coordinator for Health Information Technology (ONC) released its final rule (Final Rule) on “Information Blocking” as part of the 21st Century Cures Act. The Final Rule applies to the following (ONC refers to each one as an “Actor”): (i) healthcare providers, (ii) health IT developers subject to ONC’s Health IT Certification Program, (iii) health information networks (HIN) or (iv) health information exchanges (HIE). With the initial enforcement date fast approaching (November 2), we explain the rule below.

Centers for Medicare & Medicaid Services (CMS) has further expanded the list of telehealth services that Medicare Fee-For-Service will pay for during the COVID-19 public health emergency (PHE) as of October 14, 2020. CMS is adding 11 new services to the Medicare telehealth services list and will begin paying eligible practitioners who furnish these services immediately and through the end of the PHE. The new telehealth services include neurostimulator analysis and programming services, and cardiac and pulmonary rehabilitation services.

Economic Hardship Covid19

The Department of Health and Human Services (“HHS”) continues to modify guidance related to reporting requirements of the provider relief funds (“Relief Funds”) that were part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The initial Post-Payment Notice of Reporting Requirements were released on July 20, 2020 and then later modified on September 19, 2020. We analyzed those changes in a previous article. In its latest guidance from October 22, 2020, HHS modified the Post-Payment Notice of Reporting Requirements for Relief Funds which should benefit providers.

Covid-19 Pharmacy Testing

On October 1, 2020, Husch Blackwell conducted the first of an eight-part Health Law & Innovation Series. The first session, focused on vaccines, and was very well received. The discussion was moderated by Thomas N. Shorter, JD, FACHE, partner with Husch Blackwell and accompanied by panelists:

  • Dr. Edward Belongia, Director of the Center of Epidemiology and Population Health, Marshfield Institute of Health,
  • Seth Mailhot, JD, partner with Husch Blackwell; and
  • Julianne Story, JD, partner with Husch Blackwell.
Virtual Series

Please join Husch Blackwell as we go virtual with our Health Law Conference. The series will include a range of important topics relevant to the healthcare industry and will be moderated by Curt Chase, leader of the firm’s Healthcare, Life Sciences and Education team; Hal Katz, American Bar Association, Health Law Section, Chair; and Tom Shorter, American Health Law Association, President-Elect Designate. The webinar programs will be offered every Thursday through November 19.

Deal activity among hospitals, physicians and health plans will continue at a swift pace into 2021. In our fifth session, hear from industry thought leaders on how the pandemic is impacting private equity and strategic investments in the healthcare space.

Virtual Series

Thursday, October 22, 2020
Live Webinar | Noon – 1:00 p.m. CDT 

Please join Husch Blackwell as we go virtual with our Health Law Conference. The series will include a range of important topics relevant to the healthcare industry and will be moderated by Curt Chase, leader of the firm’s Healthcare, Life Sciences and Education team; Hal Katz, American Bar Association, Health Law Section, Chair; and Tom Shorter, American Health Law Association, President-Elect Designate. The webinar programs will be offered every Thursday through November 19.

Healthcare providers of all sizes have received portions of the recently available federal funds. Healthcare organizations that receive these funds will need to provide accountability for their use to ensure compliance. In our fourth session, a panel will discuss various avenues to manage enforcement risk.