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Compliance Update
Guidance on Ransomware Attacks under HIPAA and State Data Breach Notification Laws Print E-mail
Written by MWE.com   
Monday, 08 August 2016 00:00

On July 28, 2016, US Department of Health and Human Services (HHS) issued guidance (guidance) under the Health Insurance Portability and Accountability Act (HIPAA) on what covered entities and business associates can do to prevent and recover from ransomware attacks. Ransomware attacks can also trigger concerns under state data breach notification laws.

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Congress and Obama Administration Take Steps to Ease Buprenorphine Access Print E-mail
Written by Karen Owen Gibbs & Daniel B. Rubin, PhD | MWE.com   
Thursday, 28 July 2016 00:00

On Friday, July 22, President Obama signed the Comprehensive Addiction and Recovery Act of 2016 (CARA). Following on federal, state and local trends, CARA seeks to expand access for persons needing opioid treatment.

One of CARA's more significant provisions expands buprenorphine prescribing privileges to nurse practitioners and physician assistants who meet certain specified education and training requirements to prescribe to treat opiate addiction. Currently, buprenorphine may be prescribed, administered or dispensed for addiction treatment only by a practitioner who meets the definition of a "qualifying physician" as set forth in the Controlled Substances Act and who has applied for and obtained from the Drug Enforcement Administration (DEA) a waiver with an assigned unique identification number (X-waiver).

CARA requires that the US Department of Health and Human Services (HHS) update regulations regarding buprenorphine prescribers within 18 months from the date of its enactment to include nurse practitioners and physician assistants.

The statutory expansion of buprenorphine prescribing limits follows on a significant regulatory expansion announced earlier this month. On July 8, 2016...

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Last Updated on Friday, 29 July 2016 15:48
 
When the Medical Board Calls.....Don't Panic Print E-mail
Written by Georgette Samaritan, RN, BSN, CPHRM   
Monday, 04 July 2016 00:00

When you receive a medical board inquiry, it's the letter all physicians dread. Now, what do you do? Panic? Throw the letter away? Call and confront the complainant with this accusation and try to talk them out of it? Call your fellow physicians to get their support on the factual or expert issues which might be involved? Go on vacation and deal with it later? Alter or destroy the medical record?

The answer is: absolutely do none of the above.

Instead, please strongly consider applying the following tips when you are first contacted by the Medical Board...

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Providers can treat child with one parent's consent, FL court rules Print E-mail
Written by Becker's Hospital Review   
Monday, 20 June 2016 00:00

The Florida Court of Appeals ruled it is not the duty of healthcare providers to investigate parental disagreements, nor is it required <that> providers receive consent from both parents before administering care to a child.

The court's decision resulted from a case in which a father sued a surgeon for performing adenoid and ear-tube surgery on his child without his consent. After initially...

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Changes of Ownership in Healthcare Businesses Print E-mail
Written by Jacqueline Bain | Florida Healthcare Law Firm Blog   
Monday, 13 June 2016 00:00

The amount of regulation imposed upon those entering into the healthcare business arena can be staggering even for a highly experienced businessman. In the business world, buying and selling businesses is often accompanied by lawyers, documents and consultants. In the healthcare business world, buying into and selling healthcare businesses, or any portion of health care businesses, requires all of that support and much more.

Diving into a healthcare business requires many considerations that are unique to other areas of business. First, appropriate licensing bodies must be notified and/or approve any such purchase or sale. For instance, in the State of Florida...

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