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Retail store optometry practice violated the Texas Optometry Act

Baker & Hostetler LLP
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USA
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May 12 2011

In a ruling issued on May 4, a federal district court in Texas found that Wal-Mart Stores violated the Texas Optometry Act provision which prohibits manufacturers, wholesalers and retailers of glasses and other vision devices from directly or indirectly controlling or attempting to control the professional judgment or manner of practice or practice of an optometrist

Ohio adopts new patient notification law for terminating physician employment

Baker & Hostetler LLP
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USA
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March 21 2013

Until recently, physicians were required by rules of the State Medical Board of Ohio to notify their patients upon termination of services or

Cloud computing: careful planning is needed to minimize security and privacy risks

Baker & Hostetler LLP
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USA
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December 13 2011

By now, most healthcare providers, health plans and their business associates are aware of the growth of "cloud computing" in the information technology (IT) industry

Ohio appeals court rejects claim of wrongful disclosure of medical information under Biddle v. Warren General Hospital - upholds lack of private cause of action under HIPAA

Baker & Hostetler LLP
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USA
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January 18 2012

In an opinion announced on January 10, 2012, the Ohio Tenth District Court of Appeals, in Columbus, Ohio, held that a hospital’s use of a patient’s individually identifiable health information (PHI) for obtaining payment of a patient’s account was a valid use of PHI for payment purposes under the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (“HIPAA”), and rejected the patient’s claim that disclosure of the patient’s PHI was a wrongful disclosure of medical information under Biddle v. Warren General Hospital, Ohio’s seminal case that established a personal injury tort for wrongful disclosure of confidential medical information

A Baker's dozen of significant changes from the HIPAAHITECH Rule

Baker & Hostetler LLP
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USA
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February 28 2013

The long-awaited final omnibus rule modifying the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, as

CMS finalizes several payment rules for 2012

Baker & Hostetler LLP
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USA
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November 10 2011

On November 1, 2011, the Centers for Medicare and Medicaid Services (CMS) issued its final rules related to the physician fee schedule, outpatient prospective payment system (PPS), home health PPS, and end-stage renal disease PPS for calendar year (CY) 2012

HIPAA audits ARRA coming! Is your PHI secure?

Baker & Hostetler LLP
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USA
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July 14 2011

In the growing world of Recovery Audit Contractor audits, Voluntary Disclosure Protocols, IRS Form 990 disclosures, “never events” and HIPAA breach notifications, there is a new kid on the block in the area of federal audit and oversight for healthcare providers, health plans and their business associates under the HIPAA health information privacy and security provisions

OIG Advisory Opinion approves referral payments under electronic health record system

Baker & Hostetler LLP
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USA
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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

Final HITECH act regulations will be published in 2012

Baker & Hostetler LLP
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USA
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January 19 2012

During 2011, informal indications were given by the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) and various industry experts that the final Health Information Technology for Economic and Clinical Health Act (HITECH Act) regulations amending the HIPAA privacy and security regulations would be published by the end of 2011

Red flags rule, data security, HIPAA privacy

Baker & Hostetler LLP
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USA
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October 15 2009

On October 8, 2009, Rep. John H. Adler (D-N.J.) introduced legislation to exempt certain professional businesses from the Federal Trade Commission's (FTC) Red Flags Rule (H.R. 3763

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