Health Care Law Blog
On August 24, the Michigan legislature passed two bills which are expected to be signed by Governor Snyder, which will be known as the "Health Insurance Claims Assessment Act". The Health Insurance Claims Assessment Act will assess a 1% health care claims tax on paid health insurance claims in Michigan. This tax will be paid by health insurers and replaces an existing 6% assessment on Medicaid health claims. The tax will be assessed for a period of two years, beginning January 1, 2012 and ending January 1, 2014.
The Department of Health and Human Services ("DHHS") is moving forward with its HIPAA auditing program, which will launch in late 2011 or in 2012. After the audit protocols have been created, they will be field-tested through approximately 20 audits. Once the field tests are completed, up to 150 on-site audits will take place through the end of 2012. It is not clear which types of entities will be selected for audit. It is also not yet clear whether the DHHS Office for Civil Rights ("OCR") will audit only covered entities, or whether business associates will be audited as well. In addition, the OCR has not yet determined whether or how it will publish its audit results. Given the significance of being subject to a HIPAA audit, organizations should take this time to review their policies and procedures for HIPAA privacy and security compliance. Moreover, with the newness of electronic health record ("EHR") systems, those with EHR will especially want to make sure that these systems are compliant. Please contact me at 517.371.8231 or 906.226.5501 if you would like assistance with any review.
The 11th Circuit Court of Appeals recently issued a decision declaring that the "individual mandate" provisions of the Patient Protection and Affordable Care Act ("PPACA") are unconstitutional. This decision directly conflicts with the decision issued by the 6th Circuit Court of Appeals earlier this summer.
In the race to the top, the 6th Circuit decision upholding the constitutionality of the Patient Protection and Affordable Care Act ("PPACA") is the first to come before the United States Supreme Court. In response to the 6th Circuit's adverse ruling against it (discussed here), the Thomas More Law Center, et. al., recently petitioned the Supreme Court for review.
The Petition specifically presents two questions for consideration by the Supreme Court:
