The Patient Protection and Affordable Care Act ("PPACA") mandates in Sections 6102 and 6401 that a broad range of providers, suppliers, and physicians adopt compliance and ethics programs. By March 23, 2013, skilled nursing facilities and other nursing facilities must have “in operation” a compliance and ethics program that meets the PPACA’s criteria. Although the PPACA's requirements for nursing facilities are specific, the PPACA also contains broad compliance program requirements for all other … [Read more...] about Why Should You Have a Compliance Program?
Institute of Medicine to Conduct Year-Long Study in HIT Safety
Under the HITECH Act of 2009, the Medicare and Medicaid electronic health record ("EHR") incentive programs provide a financial reward for the meaningful use of qualified, certified EHRs to achieve health and efficiency goals. In July, CMS announced regulations outlining the initial requirements that eligible health care providers must meet to demonstrate meaningful use of certified EHR technology for the Medicare and Medicaid incentive payments program, which CMS will administer. Also in … [Read more...] about Institute of Medicine to Conduct Year-Long Study in HIT Safety
Court’s Texting Decision Shows Importance of Updated Policies
The United States Supreme Court considered an employer’s policies on e-mail and texting use in a decision issued on June 17. As reported previously in this blog, City of Ontario v. Quon raised the issue of whether a governmental employer who reviewed the content of text messages sent using an employer-provided pager had committed an unlawful search in violation of the Fourth Amendment to the U.S. Constitution. Quon was a SWAT team police officer who was issued a pager capable of sending and … [Read more...] about Court’s Texting Decision Shows Importance of Updated Policies
New Wave of Legislation: Wage Theft Laws
A new type of wage and hour legislation is gaining steam around the country. Although you may not be familiar with the term “wage theft,” chances are good that you’ll be hearing more about it soon. What is wage theft? Generally, the term refers to an employer’s failure to pay wages when they are due and in compliance with legal wage rates. In the past year, multiple cities, counties, and states around the country have enacted their own laws to enforce wage and hour provisions. This is … [Read more...] about New Wave of Legislation: Wage Theft Laws
Employee Texting Case Goes to Supreme Court
On Monday April 19, the U.S. Supreme Court is scheduled to hear a case that has important implications for employers who provide cell phone texting and other electronic communications tools to their employees. This case serves as a reminder to all companies to take precautions with electronic communications and the corporate policies that surround them: 1) Be certain to have a corporate policy in place that clearly addresses use of e-mail, text messaging, voicemails, Internet chat, and other … [Read more...] about Employee Texting Case Goes to Supreme Court
HIPAA Update
New rules increase penalties substantially and allow self-assessment for reporting. See the details here. … [Read more...] about HIPAA Update
Can You Spot the Red Flags of Medical Identity Theft? FTC Rule Enforcement Now Begins November 1, 2009
The Red Flags Rule, designed to prevent and detect identity theft, takes effect August 1. Health care providers should carefully review the Rule’s definitions, because you may be surprised at how many health professionals are considered “creditors†who must develop Identity Theft Prevention Programs. The Red Flags Rule, 16 CFR § 681, applies to “financial institutions†and “creditors.†However, if your patients are not paying for services at the time that they are received, then … [Read more...] about Can You Spot the Red Flags of Medical Identity Theft? FTC Rule Enforcement Now Begins November 1, 2009
New Review Process for Waiver Programs
The reviewers will be using standardized checklists as part of the new review process. The good news is that these checklists are available for providers and may be printed and used as internal QA. … [Read more...] about New Review Process for Waiver Programs
Medicare Fraud Strike Force in Texas
According to the Houston Chronicle, there's a federal Medicare fraud strike force on the loose in Texas. The article highlights a number of Houston-area clinics committing Medicare fraud. Medicare fraud in the U.S. last year totaled $2.35 billion. There were 575 health fraud criminal actions and 342 civil actions filed. The task force has reduced identification of Medicare fraud from months to days, thanks to improved technology. Justice Department spokeswoman Melissa Schwartz said, "There … [Read more...] about Medicare Fraud Strike Force in Texas
Mental Health Parity Act Effective Date Delayed Until January 2010
New requirements for employee health care plans originally scheduled to go into effect next month now have been delayed for at least a few more months. Congress has deferred the effective date of the Mental Health Parity and Addiction Equity Act (MHPA) until January 2010. The MHPA does not require health insurance plans to provide mental health or addiction disorder benefits if they do not do so already. However, for group health plans that do choose to provide mental health and/or substance use … [Read more...] about Mental Health Parity Act Effective Date Delayed Until January 2010