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Showing 66 posts by Julie LaVille Hamlet.

HIPAA Compliance Considerations During the Pandemic

HIPAA Compliance COVIDThis article has been updated with new information since it was originally published on November 16, 2020.

As health care providers continue to face new challenges relating to the COVID-19 pandemic, it is important for providers to maintain compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Although the Department of Health and Human Services Office for Civil Rights (“OCR”) has loosened some requirements to allow health care providers flexibility during the COVID-19 pandemic, a majority of the patient protections under the HIPAA Privacy Rule have remained intact. Read More ›

Categories: Compliance, Cybersecurity, Electronic Health Records, HIPAA

Significant Changes to Stark Law and Anti-Kickback Statute Finalized

Gavel and StethoscopeThe U.S. Department of Health and Human Services (“HHS”) recently issued two highly-anticipated final rules (collectively, the “Final Rule”) to modernize and clarify the regulations that interpret the Physician Self-Referral Statute (“Stark”) and the Anti-Kickback Statute (“AKS”). According to HHS, the Final Rule was intended to provide greater flexibility for healthcare providers to participate in value-based arrangements, ease unnecessary compliance burdens, and maintain safeguards to protect patients and Federal healthcare programs from fraud and abuse. The Final Rule will become effective on January 19, 2021. Read More ›

Categories: Alerts and Updates, Health Care Reform

Residential Care Facilities Must Comply with Recent MDHHS Emergency Order

Assisted LivingOn October 6, 2020, the Michigan Department of Health and Human Services ("MDHHS") issued an emergency order (the "MDHHS Order") that retains many of the same requirements that apply to residential care facilities under the previously issued executive orders. As noted in a prior blog post, the Michigan Supreme Court recently held that Governor Whitmer did not have authority after April 30, 2020 to issue or renew any executive orders related to the COVID-19 pandemic. Most of the same requirements will continue to apply to residential care facilities under the MDHHS Order. The MDHHS Order became effective immediately, and will remain in effect through October 30, 2020 (and may be renewed through a subsequent order). Read More ›

Categories: Alerts and Updates, Compliance, Health Care Reform, Legislative Updates, Long-Term Care, News

CMS Releases Guidance on Shared Space Arrangements

Doctors and Patients TalkingLast year, the Centers for Medicare and Medicaid Services (“CMS”) issued long-anticipated draft guidance concerning shared space and co-location arrangements between hospitals and other providers. The guidance is meant to clarify how CMS and state agency surveyors will evaluate a hospital’s space sharing or contracted staff arrangements when assessing the hospital’s compliance with the Medicare Conditions of Participation (CoPs). Read More ›

Categories: Compliance, Health Care Reform, Hospitals, Medicare/Medicaid

LARA Issues Changes to Child Care Licensing Rules

Girl in WheelchairRecently, the Department of Licensing and Regulatory Affairs finalized changes to the licensing rules for Family and Group Child Care Homes and the licensing rules for Child Care Centers. The purpose of these changes is to maintain compliance with the recent amendments to the Child Care Organization Act and the new requirements of the federal Child Care and Development Block Grant. Read More ›

Categories: Health Care Reform, Licensing

CMS Publishes Final Rule to Modernize PACE Regulations

Gavel and StethoscopeOn May 28, 2019, the Centers for Medicare & Medicaid Services ("CMS") finalized a rule (the "Final Rule") to update and modernize requirements for the Programs of All-Inclusive Care for the Elderly ("PACE"). Read More ›

Categories: Health Care Reform, Medicare/Medicaid

Federal District Court Vacates New Association Health Plan Rules

On June 21, 2018, the U.S. Department of Labor (“DOL”) issued final regulations that expanded the availability of association health plans ("AHPs"). Those regulations (the "AHP Rules") were summarized in our previous blog article. An AHP is an arrangement that allows small businesses to band together to obtain healthcare coverage as if they were a single large employer. Read More ›

Categories: Department of Labor, Employee Benefits, Health Care Reform

CMS Ends Home Health Agency Moratorium in Michigan

The Centers for Medicare & Medicaid Services ("CMS") recently lifted its temporary moratorium on the Medicare enrollment of new home health agencies ("HHAs"), subunits, and branch locations in Michigan, Florida, Illinois and Texas. As of January 31, 2019, there are no active Medicare provider enrollment moratoria in any state. Read More ›

Categories: Health Care Reform, Medicare

CMS Approves the Repeal and Replacement of the Michigan Health Insurance Claims Assessment (“HICA”) Tax

The Michigan Health Insurance Claims Assessment (“HICA”) tax has been repealed, effective as of October 1, 2018. On June 11, 2018, Governor Snyder signed a series of bills repealing the HICA tax. Read More ›

Categories: Health Care Reform, Medicare/Medicaid, Tax

U.S. Department of Labor Issues New Rules Concerning Association Health Plans

The U.S. Department of Labor (DOL) recently issued final regulations that expanded the availability of association health plans ("AHPs"). Read More ›

Categories: Employee Benefits, Employment, Health Insurance Exchange

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Best Lawyers® 2021

Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.