On June 20, 2014, Governor Rick Scott signed into law the Florida Information Protection Act of 2014 (“FIPA”), which became effective July 1, 2014. FIPA expands the obligations of businesses and government entities that maintain data containing personal information of individuals to safeguard and provide notice of breaches of such information. As a result, Florida … Continue Reading
According to the federal government, over 370,000 providers have participated in the Medicare and Medicaid Electronic Health Record (“EHR”) incentive program since its inception in 2011. However, providers nationwide continue to grapple with the challenges of complying with federal EHR requirements, and many such providers have voiced their displeasure to the federal government regarding the … Continue Reading
Data breaches are certainly not unique to the healthcare industry. Large data breaches like the one experienced by Target stores in late 2013 seem increasingly common. Retail, financial, and other types of companies hold consumers’ financial information, but the healthcare industry also holds sensitive health information protected by HIPAA, making a data breach all the … Continue Reading
The phrase “the only constant is change itself” has rarely been so true across an entire industry. The U.S. healthcare sector is having to adjust to rapidly changing times. That whirlwind of change was discussed by industry leaders at Akerman’s recent panel event titled “Healthcare Issues for 2014: What Can You Expect?” Panelists included Karen … Continue Reading
On January 31, 2014, the U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) released its annual work plan. Not surprisingly, issues relating to Electronic Health Records (“EHRs”) continue to receive significant attention. Pursuant to the American Recovery and Reinvestment Act of 2009, OIG received funding to evaluate whether funds received … Continue Reading
A Conversation with Brian Foster, Director of Client Solutions at CareCloud The availability of incentive payments to providers from the Centers for Medicare and Medicaid Services (CMS) to implement electronic medical records (EMR) systems is a hot topic these days among healthcare providers. Marshall Burack, a partner in Akerman’s Healthcare Practice Group sat down with … Continue Reading
In what is reported to be the largest repayment to date involving “meaningful use” incentive payments, Naples, Florida-based Health Management Associates, Inc. (“HMA”), with 71 inpatient facilities in 15 states, including Florida, recently voluntarily notified the Centers for Medicare and Medicaid Services (“CMS”) that it erroneously certified its electronic health record (“EHR”) technology in the … Continue Reading
The increased use of electronic medical records (“EMR”) is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs’ attorneys seek to discover not only the contents of the medical records created by defendant healthcare providers, but also seek audit logs and access reports which … Continue Reading
As the end of the federal fiscal year rapidly approaches, so does the attestation deadline for hospitals participating in the Medicare Electronic Health Record (EHR) Incentive Program. Each year, hospitals are required to show that they are “meaningfully using” their EHRs in order to receive their incentive payment and avoid any adjustment. They demonstrate such … Continue Reading
As previously reported, the Office of Inspector General (OIG) for the Department of Health and Human Services (HHS) plans to audit healthcare providers that received incentive payments to adopt electronic health record (EHR) technology. We have now received reports confirming that certain provider entities have been audited in Florida regarding these EHR incentive payments. The … Continue Reading
Stanford University Hospital recently reported that its patients’ unencrypted protected health information (PHI) was compromised when a laptop was stolen from the hospital. This should have healthcare organizations evaluating and enhancing efforts to secure patient information. These incidents can form the basis for class action lawsuits, even though the Health Insurance Portability and Accountability Act … Continue Reading
The U.S. Department of Justice (DOJ) has stepped up its pursuit of healthcare providers for failing to provide adequate service to persons who are deaf or hearing-impaired. In May, the DOJ announced multiple settlements with healthcare providers including a hospital, rehabilitation centers, an ear, nose, and throat practice, and a sports medicine center. The DOJ … Continue Reading
According to a new report from healthcare market research firm Kalorama Information, the market for Electronic Medical Records (EMRs) was $20.7 billion in 2012, up 15 percent from $17.9 billion in 2011. The EMR market includes revenues from EMR and Computerized Physician Order Entry (CPOE) systems as well as directly-related services such as installation, training, … Continue Reading
The Office of Inspector General (OIG) for the Department of Health and Human Services released a report late last year claiming that the Centers for Medicare and Medicaid Services (CMS) was not doing enough to verify that only eligible providers were receiving electronic health records (EHR) incentives. Until now, CMS relied on self-reported information to … Continue Reading
I. Overview: The Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services’ (OIG) have issued a pair of proposed rules (see CMS rule, OIG rule) that seek to revise the current Electronic Health Records exceptions to the Physician Self-Referral (Stark) and Anti-Kickback laws. The proposed rules would amend the … Continue Reading
