On November 28, 2022, the Department of Health and Human Services (HHS) issued a proposed rule to modify the confidentiality protections of Substance Use Disorder (SUD) patient treatment records under 42 CFR Part 2 (Part 2) to implement statutory amendments passed under Section 3221 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (42
FAA UAS Support Center: Faster Responses, More Streamlined Process
This week, the Federal Aviation Administration (FAA) announced its Unmanned Aircraft Systems (UAS) Support Center Case Management System (CMS), designed to streamline how industry stakeholders’ questions are answered and provide responses in a more timely manner. This new process will use a Contact Customer Support form that allows the public as well as stakeholders to…
HHS Finalizes Joint Rules on Electronic Health Record Interoperability and Access
On March 9, 2020, the Department of Health and Human Services (HHS) announced final rules seeking to give patients more access to, and control of, their health data. The final rules were issued by the Office of the National Coordinator for Health Information Technology (ONC) and Centers for Medicare and Medicaid Services (CMS). The ONC…
OIG Audit Finds that Majority of Part D Providers Surveyed Used E1 Transactions for Potentially Inappropriate Purposes
The Centers for Medicare and Medicaid Services (CMS) requested an audit by the Office of Inspector General (OIG) of Medicare Part D eligibility verification transactions (E1) transactions. The OIG recently released its report which found that the majority of the providers evaluated used E1 transactions for some inappropriate purpose other than to bill for a…
Medicare Beneficiary Cards of 220,000 Individuals Compromised
The Centers for Medicare and Medicaid (CMS) has announced that approximately 220,000 Medicare beneficiaries’ card numbers have been compromised “by an unknown person or organization.” That means CMS doesn’t know who or how the cards were compromised.
Although CMS says it is working to “remedy the situation,” in the meantime, it is checking billing systems…
Data Breach Announced by CMS – Approximately 75,000 Individuals’ Files Affected
Cyber-attacks on healthcare data are becoming increasingly common and costly and last week even CMS announced that it had suffered a data breach. The breach was detected in the Direct Enrollment pathway that allows agents and brokers to assist consumers with applications in the federal facilitated ACA exchange. The breach affected approximately 75,000 individuals’ files.…
CMS Addresses Lingering Uncertainties and Raises Others via MACRA Information Blocking Guidance
The Centers for Medicare & Medicaid Services (CMS) recently issued guidance intended to help clinicians eligible for the Merit-based Incentive Payment System (MIPS) navigate an attestation required thereunder concerning the prevention of information blocking. MIPS was implemented via CMS’s Quality Payments Program final rule with comment period released in 2016, and represents one avenue for payment reform under the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). Health industry stakeholders, and providers in particular, have repeatedly cited difficulty in communicating between electronic health record systems as a major impediment to effective health care reform (including due to so-called “information blocking” practices). In response, MIPS seeks to incentivize clinicians to promote the interoperability and compatibility of certified electronic health record technology (CEHRT).
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CMS Issues Warning to Nursing Homes Regarding Abuse of Residents Via Social Media
On August 5, 2016, the Centers for Medicare & Medicaid Services (CMS) issued guidance to nursing homes in a letter to state survey agencies (Letter) that addresses nursing homes’ obligations to protect residents. The Letter focuses on potential psychosocial harm to nursing home residents caused by the sharing on social media of demeaning…
OIG laments failure to comprehensively address EHR fraud
The U.S. Department of Health & Human Services (HHS) Office of Inspector General (OIG) recently released a compendium (Compendium) of its top unimplemented recommendations. The Compendium comprises 25 unimplemented past OIG recommendations that the OIG believes could have a positive impact on HHS programs in terms of cost savings and/or quality improvements. The Compendium’s recommendations…