HHS has delayed until next July 2027, it’s stricter HIPAA Security regulations. Most notably, many provisions that were “addressable” will be required. Expect more risk assessments, security penetration testing of servers and other access to protected health information. Here are a few comments accompanying the new regulations. “We believe that compliance with the implementation specifications…
Effective June 30, 2027, Washington State will ban enforcement of virtually all existing noncompete agreements between companies and employees and independent contractors. In 2019, Washington restricted noncompete agreements for workers earning below an annually adjusted amount. Now the law will eliminate the low wage standard and nearly all non-compete agreements are void and unenforceable, regardless…
Now that the federal government has declared workplace diversity, equity, and inclusion (DEI) programs illegal, employers have been commanded to scrub these dirty words from their business standards. The words have been redefined by opponents of DEI to be affirmative action programs in disguise that Washington State banned in 1998 and again rejected in 2019…
On December 4th, the U.S. District Court in Alabama overseeing the Blue Cross Blue Shield antitrust litigation granted preliminary approval of the proposed settlement of the class action lawsuit. The $2.8 billion settlement from Blue Cross Blue Shield to health care providers who brought the suit resolves a 12-year antitrust lawsuit. Health care providers and…
In 2020, Congress adopted a ban on insurer and group health plan contracts containing “gag clauses” on health care price and quality information. The ban was included in the Consolidated Appropriations Act, 2021 (CAA 2021) and took effect on December 27, 2020. Group health plans and insurers must annually attest to compliance with the gag…
Back in the day when I was counsel for a Washington Legislature House Committee, I was asked by a non-profit to put together an outline to help them pursue legislative change. I ran across that outline in my regular purge of files. It seems quaint but still relevant. I share it for the benefit of…
The United States criminal code contains a wide range of punishable offenses for taking money that does not belong to you. For those engaged in activities relating to the delivery and payment for health care services, health care fraud stands out. Health care practitioners commit fraud by misstating the actual amount for service, up-coding by…
Once again, a Washington Appellate Court has ruled that an insurer’s blanket denial of payment of a medical bill that exceeds a predetermined amount constitutes an unfair practice in violation of the state Consumer Protection Act. [Stan Schiff v Liberty Mutual Fire Insurance Company, No. 82554-2-1 Decided 11/28/2022 footnote 8 at 12] “Insurers must make…
Last year, Congress directed the Secretary of Health and Human Services (HHS) to take into consideration efforts by organizations subject to HIPAA security standards (“covered entities” and “business associates”) to implement “recognized security practices” whenever HHS determines fines and other remedies for HIPAA security violations. …the Secretary shall consider whether the covered entity or business…
When a traditional marketplace changes and we save money, we cheer it as “disruptive innovation.” That was one of the big ideas behind the Affordable Care Act (ACA) healthcare marketplace and Exchanges like Washington’s Healthplanfinder. Buy direct and save; avoid sales commissions. Be your own insurance broker or ask a “navigator.” But, as the Harvard…
On August 9, 2021, Washington Governor Inslee issued Proclamation 21-14 requiring certain classes of individuals to obtain a COVID-19 vaccination by October 18, 2021. Technically, the order mandates a vaccine in reverse by prohibiting not having a vaccination. Prohibitions. This order prohibits the following: Any Worker from engaging in work for a State Agency after…
While the U.S. House of Representatives was busy impeaching President Trump for the second time, the President was busy. Lost in news of the tumult of violence in the Capitol was the White House announcement of the signing of legislation breaking a pillar of insurance law – the McCarran-Ferguson Act of 1945. Health insurers, including…
The Washington State Attorney General has answered a question of which types of health care professionals can “flock together” to form a multidisciplinary professional limited liability company. The answer – every profession noted in the state statute other than physical and occupational therapists who must flock amongst themselves. The question of who can own a…
Government response to the Coronavirus has included a wide range of emergency measures governing health plan administration. Some of these measures address dislocations caused by sudden change in employment status while others address administration of benefits for employees marooned at home. The fast pace of change wrecks the predictability required for health care benefits tied…
The Office of the National Coordinator for Health Information Technology (ONC), in collaboration with the HHS Office for Civil Rights (OCR) just posted an updated Windows only version of its HIPAA risk assessment tool (SRA). I know; lots of exciting acronyms, abbreviations, and labels! You can download the new software on the government’s Health IT…