August 3, 2016
The Department of Health and Human Services (HHS) recently released guidance for health care entities to better understand and respond to the increased threats of ransomware. The guidance was published on July 11, 2016, and provides clarification regarding the interplay of ransomware and HIPAA, specifically that (1) a ransomware attack is a “security incident” under HIPAA, and (2) a…
April 13, 2016
The Fourth Circuit Court of Appeals upheld a Virginia district court’s ruling that a commercial general liability policy (“CGL”) may cover a data breach. The case involved an electronic data storage company that posted confidential medical records on the internet, which exposed private medical information on the internet for four months.
While courts in Connecticut and New York have recently found…
February 17, 2016
On February 9, 2016, the West Virginia Supreme Court (“Supreme Court”) decided State ex rel. Wheeling Hospital, Inc. v. Wilson, No. 15-0558 (W. Va. February 9, 2016), which took up the issue of the Peer Review Privilege codified at W. Va. Code § 30-3C-1 et seq. In clarifying the meaning of the language contained in West Virginia’s Peer Review Statute, the Supreme Court recognized “an urgent need…
November 3, 2015
Struggling insurance cooperative Kentucky Health Cooperative was placed into rehabilitation by the Department of Insurance late last week. KYHC had already announced that it was ceasing operations and would not be writing any new business after end of year. Now, the Department of Insurance will take over the company and oversee the winding up of KYHC’s affairs.
Rehabilitation is a…
September 29, 2015
Introduction
On September 25, 2015, the United States Environmental Protection Agency (“EPA”) proposed a rule to address the management and disposal of hazardous waste pharmaceuticals at healthcare facilities. The proposed rule seeks to do the following:
July 1, 2015
This month, the IRS released Notice 2015-46, which provides further guidance for charitable hospitals to comply with Treasury Regulation (“Treas. Reg.”) § 1.501(r)-4(b)(1)(iii)(F), which requires that a hospital facility include a provider list in its financial assistance policy (“FAP”) in order to maintain its tax-exempt status. Section 501(r)(1) of the Internal Revenue Code provides that a…
June 25, 2015
In the landmark case of King v. Burwell, the United States Supreme Court has upheld the ability of federally-run insurance exchanges to offer federal subsidy monies to Americans seeking health coverage under the Affordable Care Act. The vote was 6-3, with Justices Alito, Scalia, and Thomas dissenting. Justice Kennedy joined Chief Justice Roberts and the majority from the National Federation of…
June 24, 2015
The Kentucky Supreme Court rendered an opinion on June 11, 2015, establishing the law in Kentucky on ex parte communications with a party’s non-expert treating physician, i.e. interviewing the Plaintiff’s treating physicians in advance of a deposition. In Caldwell v. Hon. A.C. McKay Chauvin, the plaintiff in an underlying medical negligence action sought a writ from the Kentucky…
May 5, 2015
On April 20, 2015, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”), in collaboration with the American Health Lawyers Association (“AHLA”), the Association of Healthcare Internal Auditors (“AHIA”) and the Health Care Compliance Association (“HCCA”) released new compliance guidance for health care boards entitled “Practical Guidance for Health Care Governing…
April 7, 2015
The West Virginia Legislature recently amended the Medical Professional Liability Act, W.Va. Code 55-7B-1, et seq. (“MPLA”) through Senate Bill 6. These amendments accomplished several things including broadening the statutory definitions of “health care provider” and “health care” to encompass a wider range of health care professionals, health care related activities, and provide MPLA…
March 18, 2015
Since its enactment, many providers have been faced with the risk of government sanctions for patient privacy breaches under the Health Insurance Portability and Accountability Act (“HIPAA”), but have been able to seek solace in the fact that HIPAA does not allow for a private cause of action and preempts conflicting state law. The Connecticut Supreme Court’s opinion in Byrne v. Avery…
March 3, 2015
On June 28, 2012, the United States Supreme Court issued its ruling in National Federation of Independent Business vs. Sebelius, the landmark case that challenged the constitutionality of the Patient Protection and Affordable Care Act, known as Obamacare (“ACA”). While the Court upheld the constitutionality of most of the ACA, the Court was fragmented on many of the issues. Perhaps the…
August 3, 2016
The Department of Health and Human Services (HHS) recently released guidance for health care entities to better understand and respond to the increased threats of ransomware. The guidance was published on July 11, 2016, and provides clarification regarding the interplay of ransomware and HIPAA, specifically that (1) a ransomware attack is a “security incident” under HIPAA, and (2) a…
April 13, 2016
The Fourth Circuit Court of Appeals upheld a Virginia district court’s ruling that a commercial general liability policy (“CGL”) may cover a data breach. The case involved an electronic data storage company that posted confidential medical records on the internet, which exposed private medical information on the internet for four months.
While courts in Connecticut and New York have recently found…
February 17, 2016
On February 9, 2016, the West Virginia Supreme Court (“Supreme Court”) decided State ex rel. Wheeling Hospital, Inc. v. Wilson, No. 15-0558 (W. Va. February 9, 2016), which took up the issue of the Peer Review Privilege codified at W. Va. Code § 30-3C-1 et seq. In clarifying the meaning of the language contained in West Virginia’s Peer Review Statute, the Supreme Court recognized “an urgent need…
November 3, 2015
Struggling insurance cooperative Kentucky Health Cooperative was placed into rehabilitation by the Department of Insurance late last week. KYHC had already announced that it was ceasing operations and would not be writing any new business after end of year. Now, the Department of Insurance will take over the company and oversee the winding up of KYHC’s affairs.
Rehabilitation is a…
September 29, 2015
Introduction
On September 25, 2015, the United States Environmental Protection Agency (“EPA”) proposed a rule to address the management and disposal of hazardous waste pharmaceuticals at healthcare facilities. The proposed rule seeks to do the following:
July 1, 2015
This month, the IRS released Notice 2015-46, which provides further guidance for charitable hospitals to comply with Treasury Regulation (“Treas. Reg.”) § 1.501(r)-4(b)(1)(iii)(F), which requires that a hospital facility include a provider list in its financial assistance policy (“FAP”) in order to maintain its tax-exempt status. Section 501(r)(1) of the Internal Revenue Code provides that a…
June 25, 2015
In the landmark case of King v. Burwell, the United States Supreme Court has upheld the ability of federally-run insurance exchanges to offer federal subsidy monies to Americans seeking health coverage under the Affordable Care Act. The vote was 6-3, with Justices Alito, Scalia, and Thomas dissenting. Justice Kennedy joined Chief Justice Roberts and the majority from the National Federation of…
June 24, 2015
The Kentucky Supreme Court rendered an opinion on June 11, 2015, establishing the law in Kentucky on ex parte communications with a party’s non-expert treating physician, i.e. interviewing the Plaintiff’s treating physicians in advance of a deposition. In Caldwell v. Hon. A.C. McKay Chauvin, the plaintiff in an underlying medical negligence action sought a writ from the Kentucky…
May 5, 2015
On April 20, 2015, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”), in collaboration with the American Health Lawyers Association (“AHLA”), the Association of Healthcare Internal Auditors (“AHIA”) and the Health Care Compliance Association (“HCCA”) released new compliance guidance for health care boards entitled “Practical Guidance for Health Care Governing…
April 7, 2015
The West Virginia Legislature recently amended the Medical Professional Liability Act, W.Va. Code 55-7B-1, et seq. (“MPLA”) through Senate Bill 6. These amendments accomplished several things including broadening the statutory definitions of “health care provider” and “health care” to encompass a wider range of health care professionals, health care related activities, and provide MPLA…
March 18, 2015
Since its enactment, many providers have been faced with the risk of government sanctions for patient privacy breaches under the Health Insurance Portability and Accountability Act (“HIPAA”), but have been able to seek solace in the fact that HIPAA does not allow for a private cause of action and preempts conflicting state law. The Connecticut Supreme Court’s opinion in Byrne v. Avery…
March 3, 2015
On June 28, 2012, the United States Supreme Court issued its ruling in National Federation of Independent Business vs. Sebelius, the landmark case that challenged the constitutionality of the Patient Protection and Affordable Care Act, known as Obamacare (“ACA”). While the Court upheld the constitutionality of most of the ACA, the Court was fragmented on many of the issues. Perhaps the…
