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HEADLINES
Wednesday, April 30, 2008
Click on a headline below for the
full story.
On
The Front Lines
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CCH HIPAA Security Guide
The CCH HIPAA Security Guide quarterly updates incorporate the latest HIPAA-related legal developments and regulatory issues into the Guide, providing easily understood explanations and analyses. Report 19 mailed to print subscribers on April 16, 2008, and will be available to electronic subscribers on the same day. The update includes:
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Hospital Law Manual
The Hospital Law Manual covers treatment and payment issues in the delivery of health care services setting out the legal responsibilities and liabilities of health care providers and institutions, providing detailed, relevant analysis of major health law issues, and evaluating federal and state legislation, including EMTALA, HIPAA, and the Medicare and Medicaid Acts. Supplement 196, presents the following developments and issues:
- The updated Admitting and Discharge division provides commentary and case summaries related to EMTALA including when a medical screening examination is appropriate under EMTALA, CMS guidance on stabilization, incorporation of state law caps on damages, and CMS guidelines on EMTALA obligations toward managed care patients. In addition, the update includes discussions of the Pandemic and All-Hazards Preparedness Act and psychiatric emergencies and emergency medical conditions.
- Additionally, a discussion of the HIPAA privacy rule and duty to warn and the release of confidential information has been included.
- New sections on Medicare Conditions of Participation related to patients' rights, emergency services, and nondiscrimination reverse dumping discharge planning have been added.
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Headlines
OIG refines self-disclosure protocol requirements
Providers that make appropriate disclosures
under the Office of Inspector General's (OIG's) self-disclosure protocol (SDP)
will have the benefit of a presumption against imposition of corporate integrity
agreements (CIAs) and certification of compliance agreements (CCAs), according
to an open letter to health care providers issued by Inspector General Daniel
R. Levinson on April 15, 2008. The letter, which refines the requirements
for participation in the SDP, "emphasizes the Office of Inspector General's
(OIG's) commitment to streamline its internal process for self-disclosure
case resolution," the OIG said in a related press release. OIG Press Release, April 15, 2008; Open Letter to Health Care Providers, April 15, 2008, Health Care Compliance Reporter p530,666. Full Story
IRS Form 990 draft instructions provide practical guidance
Draft instructions for the Internal Revenue
Service (IRS) 2008 Form 990, Return of Organizations Exempt from Income Tax,
"provide some much needed clarification to those that exist now," according
to Greg Goller, partner in charge of Grant Thornton LLP's not-for-profit tax
practice. "For example, ratable reporting of nonvested deferred compensation...seems
reasonable to me. The draft instructions also seem to increase awareness of
the rules by providing practical guidance about particular areas of tax compliance.
For example, political activities include those conducted by disregarded entities
or entities taxed as partnerships," he added. CCH Washington Bureau, April 7-8, 2008. Full
Story
PQRI options include registry-based reporting, new reporting periods
New reporting options "will make it
easier for eligible professionals to participate [in the Physician Quality
Reporting Initiative (PQRI)] and receive feedback on their performance,"
according to CMS. In late 2007, Congress made changes to the PQRI
with the passage of the Medicare, Medicaid, and SCHIP Extension Act (PubLNo
110-173) (Extension Act), which provided new flexibility for submitting data
and implemented registry-based reporting. These changes "will ultimately
improve the services provided...[b]y providing more opportunities
to submit information about the quality of care provided to Medicare beneficiaries,"
CMS Acting Administrator Kerry Weems said. CMS Press Release, April 17, 2008. Full
Story
Senators urge Congress to pass health IT bill
Senate Health, Education, Labor and Pensions
Committee leaders urged Congress to consider and pass a bill to expand and
standardize information technology (IT) in the health care arena.
"We can save thousands of lives and conserve billions of dollars for health
care…and we can do it this year," Committee Chairman Ted Kennedy
(D-Mass.) said at an April 2, 2008, forum hosted by the Business Roundtable,
a Washington D.C.-based association of chief executive officers of U.S. companies. CCH Washington Bureau, April 4, 2008. Full
Story
CMS proposes new HIPAA EDI standards
CMS is in the process of implementing the
proposed next version of Health Insurance Portability and Accountability Act
(HIPAA) electronic data interchange (EDI) transactions--referred to as
"HIPAA-2." CMS Web site, April 22, 2008. Full Story
Hospital settles FCA allegations for $1.75 million
Touro Infirmary, a New Orleans hospital, has
agreed to pay the United States $1.75 million to settle allegations
that it submitted false claims to the Medicare program in violation of the
Federal False Claims Act, the Department of Justice (DOJ) announced. DOJ News Release, April 17, 2008. Full Story
CMS proposes "stand in the shoes" alternatives
CMS is requesting comments on two alternative
proposals to address the "stand in the shoes" provisions described
in the Stark Phase III final rule published in the Federal Register
on September 5, 2007 (73 FR 51012), according to an advance release
of the fiscal year 2009 inpatient prospective payment system Proposed
rule. CMS Release, April 14, 2008, Health Care Compliance Reporter p730,036. Full Story
On The Front Lines
HIPAA privacy and security rule update: Tougher enforcement expected in 2008
by Laura J. Merisalo, Contributing Editor
This month marks the fifth year of enforcement of the Health
Insurance Portability and Accountability Act (HIPAA) privacy rule, and the
third year of enforcement of the HIPAA security rule, each of which has patient
access implications. Full
Story
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