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Showing 48 posts in Compliance.

HIPAA Compliance Considerations During the Pandemic

HIPAA Compliance COVIDAs 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

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

MDHHS Issues Guidance on Patient Care for Michigan Health Care Providers

Virtual Health ScreeningOn May 3, 2020, the Michigan Department of Health and Human Services (MDHHS) provided guidance on the best practices for continued compliance with Executive Order 2020-17. Executive Order 2020-17 implemented temporary restrictions on non-essential medical and dental procedures as of March 21, 2020. Executive Order 2020-17 required all hospitals, freestanding surgical outpatient facilities, dental facilities, and state operated outpatient facilities (collectively, “covered facilities”) to temporarily postpone all non-essential medical and dental procedures until the state of emergency in Michigan is lifted. Currently, the state of emergency is set to continue through May 28, 2020 under Executive Order 2020-68. Read More ›

Categories: Compliance, Health Care Reform, Hospice, Hospitals

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

Update on the Michigan Department of Licensing and Regulatory Affairs Proposed Rules for Licensing Health Facilities and Agencies

Earlier this year, the Michigan Department of Licensing and Regulatory Affairs (LARA) issued proposed administrative rules relating to the licensing of health care facilities. Currently, there are separate sets of rules that apply to each type of health facility, such as hospitals, hospices, and nursing homes. Read More ›

Categories: Compliance, Health Care Reform, Hospice, Hospitals, Licensing, Regulations

Michigan Adopts New Requirements for Controlled Substance Prescriptions

In response to growing concerns about misuse and abuse of opioid medications, Michigan has enacted three statutes amending the Public Health Code.  The new statutes impose specific requirements on physicians, dentists, physician assistants, and nurse practitioners (“prescribers”) who prescribe controlled substances and on pharmacists who fill those prescriptions. Read More ›

Categories: Compliance, Did you Know?, Health Care Reform, Pharmacy, Providers

Can a Non-Physician Own and Operate a Medical Facility in Michigan?

An interesting case is winding its way through the Michigan Court of Appeals that involves the question of whether a layperson, as opposed to a licensed physician, can own a for-profit business that provides medical services. Read More ›

Categories: Compliance, Licensing, Providers

CMS Delays Enforcement of Nursing Home Mega Rule

Mega Rule Enforcement DelayedThe Centers for Medicare & Medicaid Services ("CMS") recently announced that they will delay enforcement penalties related to Phase 2 of their revised nursing home Requirements for Participation (commonly referred to in the industry as the "Mega Rule"). Read More ›

Categories: Compliance, Medicare/Medicaid, News & Events, Providers

CMS Releases 2018 Inpatient PPS Proposed Rule

Medicare and Medicaid ServicesOn April 14, 2017, the Centers for Medicare & Medicaid Services issued its 2018 Medicare Inpatient Prospective Payment System proposed rule (the “Proposed Rule”). The Proposed Rule was published in the Federal Register on April 28, 2017, and comments will be accepted through June 13, 2017.

The Proposed Rule suggests a number of changes that would affect hospital rates, inpatient quality reporting and readmissions reduction programs. Some of the most significant changes are highlighted below. Read More ›

Categories: Compliance, Medicare/Medicaid, Providers

What’s Next After Health Care Bill’s Failure in Congress?

Affordable Care ActDespite controlling the presidency, and both houses of Congress, the Republican’s bid to repeal and replace the Affordable Care Act (ACA) failed. The Republican’s replacement bill - the American Health Care Act (AHCA) - was pulled before proceeding to a vote in the U.S. House of Representatives, as it apparently lacked the votes to pass. Here’s what businesses need to know now that this (first?) attempt to repeal the ACA failed. Read More ›

Categories: Compliance, Insurance

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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.