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John S. Mulhollan Baker & Hostetler LLP

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Religious organizations: HHS seeks comments on implementing the preventive care mandate "accommodation" *

USA - March 29 2012
On March 16, 2012, the HHS, Treasury and DOL (Departments) issued an advance notice of proposed rulemaking (Notice) addressing the preventive care mandate that requires nongrandfathered group health plans (whether insured or self-insured) to provide FDA-approved contraceptive and sterilization procedures to women with no cost sharing pursuant to Section 2713 of the Public Health Service Act (PHS) and PPACA.

Co-authors: Susan Whittaker Hughes, Michelle Manzoian.


Stage 2 meaningful use: CMS and ONC release proposed rules *

USA - March 1 2012
On February 23, 2012, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule for Stage 2 of the Electronic Health Record Incentive Program.

Co-authors: Lynn Sessions.


Preventive care mandate update: burden shifts from religious organizations to insurers; unanswered questions remain *

USA - February 16 2012
On February 10, 2012, President Obama announced a policy change intended to address the concerns of many religiously affiliated organizations over the preventive care mandate that requires nongrandfathered group health plans to provide FDAapproved contraceptive and sterilization procedures to women with no cost sharing.

Co-authors: Michelle Manzoian.


OIG Advisory Opinion approves referral payments under electronic health record system *

USA - February 2 2012
In a significant development impacting the wider electronic health record (EHR) community, the HHS Office of Inspector General (OIG) on December 7 issued an Advisory Opinion (AO 11-18) approving an EHR vendor's proposed transaction fee structure for charging customers that use the vendor's new patient referral ordering system.


Minnesota AG sues business associate for loss of patient data stored on laptop *

USA - February 2 2012
In perhaps the first widely publicized action taken against a "business associate" (as defined under the Health Insurance Portability and Accountability Act (HIPAA) and privacy and security regulations thereunder), the Minnesota Attorney General (AG) on January 19 filed a civil lawsuit in federal court against Accretive Health, Inc., for alleged violations of HIPAA, as well as alleged violations of that state's medical privacy law and consumer debt collection practices laws.


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