Recent Articles

MSBCBS of TN Settles HIPAA/HITECH Violation for $1.5M

March 14, 2012 17:13

The HHS Office for Civil Rights (OCR) announced a settlement of $1.5M with Blue Cross Blue Shield of Tennessee (BCBST) relating to potential violations under the HIPAA Privacy and Security Rules. According to the OCR press release, the enforcement action by OCR is the first reported as resulting...

OHFLAC Announces New Independent Informal Dispute Resolution Procedure for West Virginia Nursing Homes

March 10, 2012 20:57

The latest West Virginia Health Care Association e-News Update announced that the Office of Health Facility Licensure and Certification (OHFLAC) has put into place a new Independent Informal Dispute Resolution (IIDR) review of disputed deficiencies for all nursing homes in West Virginia. The new...

West Virginia Health Care Association Launches WV Senior Care Website

February 26, 2012 20:15

This past week health care colleague and CEO of the West Virginia Health Care Association, Patrick D. Kelly, advised me that the association has launched a new website to provide a resource for families and seniors who are researching residential and health care options in West Virginia. The...

CMS Issues proposed rule for Stage 2 Meaningful Use EHR Incentive Programs under HITECH

February 24, 2012 14:30

Yesterday the Centers for Medicare & Medicaid Services (CMS) announced the proposed rule for Stage 2 Meaningful Use under the the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs which is a part of the Health Information Technology for Economic and Clinical Health Act...

SCOTUS Overturns Supreme Court of Appeals of West Virginia Decision on Nursing Home Arbitration Agreements

February 24, 2012 14:10

On February 21, 2012, the U.S. Supreme Court vacated a ruling by the Supreme Court of Appeals of West Virginia in the matter of Marmet Health Care Center, Inc. v. Brown et al., 565 U.S.(2012). The Supreme Court of Appeals of West Virginia previously held that all pre-dispute...

HIPAA Privacy Action Filed Against University Health Associates

January 23, 2012 19:40

The West Virginia Record reports the filing of a medical record breach action against West Virginia University Medical Corporation dba University Health Associates (UHA) under the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The action filed in Monongalia...

WVHCA: 2012 CON Capital Expenditure Minimum

January 03, 2012 15:31

The West Virginia Health Care Authority has announced the 2012 certificate of need capital expenditure minimum threshold of $2,916,104. The new threshold is effective beginning January 1, 2012. The threshold is used as a part of the analysis by health care providers who must determine whether or...

Health Care Law Blog: Have a Wonderful Holiday Season!

December 23, 2011 13:40

Happy Holidays to my clients, health care and lawyer colleagues, and other readers of the  Health Care Law Blog  I appreciate your continued support and hope that 2012  will be as exciting and wonderful as this past year. See you in 2012!  In years past I have...

Thanksgiving 2011: Occupy The Dinner Table and Engage With Grace

November 24, 2011 14:41

The Engage with Grace Project is an effort to raise awareness of the importance of end of life care planning and discussing your wishes with your family and friends. Dr. Bryan Vartabedian captures the simplicity of the project in his post, "It began with a simple idea: Create a tool to get people...

HIPAA/HITECH Audits: OCR Program to Audit 150 Covered Entities

November 09, 2011 11:39

Today the Office for Civil Right (OCR) announced details of a pilot program to perform up to 150 audits of covered entities to assess privacy and security compliance under HIPAA. OCR will be conducting the audits between November 2011 and December 2012. The days of waiting for HIPAA privacy and...