Eric Temmel
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Articles by Eric Temmel
The FTC's Revised Health Breach Notification Rule Is Now in Effect | JD Supra
Summary The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the HBNR, as the FTC ramps up enforcement activity related to disclosures of identifiable health data, and other agencies implement changes to the Health Insurance Portability and Accountability Act (HIPAA), Part 2, and Information Blocking rules regulating similar data.
Pennsylvania's New Noncompete Law Changes the Rules for Health Care Employers
Pennsylvania’s new Fair Contracting for Health Care Practitioners Act limits the use of certain restrictive covenants between employers and health care workers and imposes heightened patient notice obligations on applicable employers, starting January 1, 2025. For employment agreements made that day or later, employers may no longer enforce covenants more than one year in duration or in situations where the worker was “dismissed by the employer”—including terminations for cause. Gov.
The FTC's Revised Health Breach Notification Rule Is Now in Effect
Summary The Federal Trade Commission (FTC) continues to enforce and update its Health Breach Notification Rule (HBNR) amidst a fast-changing regulatory environment. A new rule, which took effect this week, expands the scope of the HBNR, as the FTC ramps up enforcement activity related to disclosures of identifiable health data, and other agencies implement changes to the Health Insurance Portability and Accountability Act (HIPAA), Part 2, and Information Blocking rules regulating similar data.
CMS Final Rule Cranks Up Staffing Requirements at Long-Term Care Facilities | JD Supra
Summary A final federal rule raising minimum staffing requirements for long-term care (LTC) facilities that receive Medicare or Medicaid funding becomes effective June 21, starting a staggered timeline for LTCs to create and implement plans to meet requirements for staff hours per resident and registered nurse and nurse aide staffing. The Upshot Under the new regulation, LTC facilities must provide registered nurse coverage onsite 24/7.
HHS Aligns Part 2 Substance Use Disorder Confidentiality Requirements With HIPAA | JD Supra
Summary Newly effective regulations governing confidentiality of Substance Use Disorder (SUD) records now more closely mirror regulations implementing the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other federal law.
HHS Aligns Part 2 Substance Use Disorder Confidentiality Requirements With HIPAA
Summary Newly effective regulations governing confidentiality of Substance Use Disorder (SUD) records now more closely mirror regulations implementing the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other federal law.
What the HIPAA? Demystifying Health Care Regulations for Startups
Few industries are more heavily regulated than health care. In this article written for Technical.ly Philly, Kimberly W. Klayman, Eric K. Temmel, and David Goroff help leaders at startups and emerging companies understand the Health Insurance Portability and Accountability Act, or HIPAA, and how they can best run their businesses to remain compliant with it.
CMS Final Rule Cranks Up Staffing Requirements at Long-Term Care Facilities
Summary A final federal rule raising minimum staffing requirements for long-term care (LTC) facilities that receive Medicare or Medicaid funding becomes effective June 21, starting a staggered timeline for LTCs to create and implement plans to meet requirements for staff hours per resident and registered nurse and nurse aide staffing. The Upshot Under the new regulation, LTC facilities must provide registered nurse coverage onsite 24/7.
CMS Proposes Minimum Staffing Requirements for Long-Term Care Facilities | JD Supra
Summary The Centers for Medicare & Medicaid Services (CMS) recently published a proposed rule that, if finalized, will provide new minimum staffing level requirements for all long-term care facilities reimbursed by Medicare or Medicaid (LTC facilities). Comments on the proposed rule close November 6, 2023.
CMS Proposes Minimum Staffing Requirements for Long-Term Care Facilities
Summary The Centers for Medicare & Medicaid Services (CMS) recently published a proposed rule that, if finalized, will provide new minimum staffing level requirements for all long-term care facilities reimbursed by Medicare or Medicaid (LTC facilities). Comments on the proposed rule close November 6, 2023.
What the HIPAA? Demystifying healthcare regulations for startups
The healthcare industry, given its scope and potential for innovation, is full of opportunities for startups. However, the healthcare sector is also one of the most highly regulated industries in the US, which presents a number of legal landmines that startups must navigate. And the cost for stepping on one could be high: Unlike laws in some other sectors, many healthcare laws and regulations include criminal penalties in addition to civil fines or liability.
CMS Proposes Additional Disclosure Requirements for Nursing Facilities | JD Supra
On February 15, 2023, the Centers for Medicare & Medicaid Services (CMS) published a Proposed Rule intended to implement Affordable Care Act requirements related to disclosure of ownership and management information for Medicare skilled nursing facilities and Medicaid Nursing Facilities (collectively, Nursing Facilities).
CMS Proposes Additional Disclosure Requirements for Nursing Facilities
On February 15, 2023, the Centers for Medicare & Medicaid Services (CMS) published a Proposed Rule intended to implement Affordable Care Act requirements related to disclosure of ownership and management information for Medicare skilled nursing facilities and Medicaid Nursing Facilities (collectively, Nursing Facilities).
CMS to Audit Nursing Homes' Overuse of Antipsychotics | JD Supra
The federal Centers for Medicare & Medicaid Services (CMS) announced that the agency will immediately begin conducting targeted off-site audits related to nursing home documentation, assessment, and coding of schizophrenia diagnoses. Where deficiencies are found, CMS intends to adjust nursing homes’ scores in the Five-Star Quality Rating System, which is part of the agency’s Nursing Home Care Compare Website and provides public information related to the quality of nursing homes.
Pennsylvania Releases Final-Form Regulations for Long-Term Care Nursing Facilities | JD Supra
Newly released final regulations, published by the Pennsylvania Department of Health (the Department) on December 24, 2022, constitute the first overhaul to Pennsylvania’s long-term care nursing facility regulations since 1999. The updated regulations make significant changes to nursing home staffing level requirements, and more closely align the state and the federal regulations. With limited exceptions, the new regulations take effect on July 1, 2023.
Pennsylvania Proposes Final Set of Regulatory Changes for Long-Term Care Nursing Facilities | JD Supra
Summary The Pennsylvania Department of Health last year began overhauling the Commonwealth’s long-term care nursing facility regulations. On May 28, 2022, the Department of Health published the fourth and final set of proposed regulations. The Upshot The proposed regulations include changes to provisions governing residents’ rights and health care services offered by facilities. The proposed regulations represent the final of four sets of regulatory changes.
Pennsylvania Proposes Third Set of Ongoing Regulatory Changes for Long-Term Care Nursing Facilities | JD Supra
Summary The Pennsylvania Department of Health last year began overhauling the Commonwealth’s long-term care nursing facility regulations, with regulatory changes to be implemented in four parts. The Department of Health published the third set of proposed regulations. The Upshot The proposed regulations include changes to rules governing: facility licensure and change in ownership; transparency about facility ownership; and prevention and preparedness requirements for disease and disaster.
Pennsylvania Proposes Second Set of Ongoing Regulatory Changes for Long-Term Care Nursing Facilities | JD Supra
Summary The Pennsylvania Department of Health recently published the second of an expected five sets of proposed changes to the Commonwealth’s long-term care nursing facility regulations. The regulatory overhaul began over the summer with the publication of the first set of proposed revisions. The Upshot Pennsylvania this month proposed the second of an expected five sets of changes to the Commonwealth’s nursing home regulations.
Federal Court Holds that Cloud Service Provider is Subject to CMIA | JD Supra
On August 12, 2021, the United States District Court for the District of South Carolina issued an opinion denying in part and granting in part a motion by Blackbaud to dismiss seven statutory claims brought by plaintiffs in a multidistrict consolidated action stemming from a ransomware attack.
New Regulations Aim To Prevent Surprises In Medical Billing
To print this article, all you need is to be registered or login on Mondaq.com. Summary The U.S. Departments of the Treasury, Labor, and Health and Human Services, along with the federal Office of Personnel Management have issued interim final regulation under the No Surprises Act aimed at protecting individuals from large unexpected medical bills. The new rules affect health plans, health insurers, and health care providers beginning in 2022.
New Regulations Aim to Prevent Surprises in Medical Billing | JD Supra
Summary The U.S. Departments of the Treasury, Labor, and Health and Human Services, along with the federal Office of Personnel Management have issued interim final regulation under the No Surprises Act aimed at protecting individuals from large unexpected medical bills. The new rules affect health plans, health insurers, and health care providers beginning in 2022.
Telehealth Compliance: Don’t Be Complacent During COVID-19 | JD Supra
The incremental adoption of telehealth services exploded at the onset of the COVID-19 public health emergency (PHE), establishing telehealth as an integral tool for patient care.
A Fast Start: 2021 Begins With Major HIPAA Developments | JD Supra
The new year began with an unusual amount of activity related to the Health Insurance Portability and Accountability Act (HIPAA). Health care providers, health plans, health care clearinghouses, and business associates subject to HIPAA will need to consider three significant developments—one regulatory, one legislative, and one judicial—relating to the Privacy and Security Rules under HIPAA and the related Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH).
A Fast Start: 2021 Begins With Major HIPAA Developments
The new year began with an unusual amount of activity related to the Health Insurance Portability and Accountability Act (HIPAA). Health care providers, health plans, health care clearinghouses, and business associates subject to HIPAA will need to consider three significant developments—one regulatory, one legislative, and one judicial—relating to the Privacy and Security Rules under HIPAA and the related Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH).
OCR Issues Guidance Related To PHI Disclosures During COVID
United States: OCR Issues Guidance Related To PHI Disclosures During COVID 12 January 2021 by Edward I. Leeds and Eric K. Temmel Ballard Spahr LLP To print this article, all you need is to be registered or login on Mondaq.com. On December 18, 2020, the United States Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued guidance specific to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the COVID-19 public health emergency.
OCR Issues Guidance Related to PHI Disclosures During COVID | JD Supra
On December 18, 2020, the United States Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued guidance specific to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the COVID-19 public health emergency. The guidance addresses permitted HIPAA disclosures of Protected Health Information (“PHI”) by covered entities and business associates via health information exchanges (“HIEs”) for certain public health purposes.
OCR Issues Guidance Related to PHI Disclosures During COVID
On December 18, 2020, the United States Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) issued guidance specific to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the COVID-19 public health emergency. The guidance addresses permitted HIPAA disclosures of Protected Health Information (“PHI”) by covered entities and business associates via health information exchanges (“HIEs”) for certain public health purposes.
HIPAA Security Rule Update Related to COVID-19 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Expected Changes to Stark Law Could Give Healthcare Providers Much Needed Relief | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Pennsylvania Supreme Court Considers Repeal of MCARE Venue Rule | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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