In a recent memo released to state survey agencies, the Centers for Medicare and Medicaid Services (CMS) clarifies standards governing texting among health care providers, including both traditional SMS text messaging and messaging through apps desig…
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The previous Standards for Licensed Assisted Living Facilities (22VAC40-72) are being repealed and will be replaced with new comprehensive regulations (22VAC40-73).[1] The new regulations take effect on February 1, 2018, although the Department of So…
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The Centers for Medicare & Medicaid Services (CMS) intends to implement a new long-term care survey process on November 28, 2017. This new process is part of a larger regulatory revision to implement parts of the Affordable Care Act (ACA), and Im…
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Two recent Virginia Court of Appeals decisions illustrate important morals: If a provider chooses to practice outside the scope of her specialty and training or opts to use alternative courses of treatment, she may encounter licensing board sanctio…
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On January 18, 2017, the Substance Abuse and Mental Health Services Administration (SAMHSA) published a Final Rule that revises the requirements for the disclosure of substance use disorder patient records. Barring intervention by the Trump administr…
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The new Conditions of Participation published by the Centers for Medicare and Medicaid Services (CMS) on October 4, 2016 require nursing facility providers to make a number of changes to their policies, procedures, agreements and operations in advanc…
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Introduction
On October 4, 2016, the Department of Health and Human Services (HHS) Centers for Medicare and Medicaid Services (CMS) published a Final Rule to revise Medicare and Medicaid participation requirements for nursing facilities.1 The regulat…
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On July 29, 2016, the Centers for Medicare and Medicaid Services (CMS) released advance guidance and revisions to Chapter 7 of the State Operations Manual (SOM) regarding mandatory, immediate federal enforcement remedies for certain deficiencies and…
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This year, the Office of Civil Rights (“OCR”) rolls out its HIPAA Phase 2 Audits. Phase 2 audits will review both Covered Entities (“CEs”) and their Business Associates (“BAs”) and analyze their policies and procedures’ consistency with…
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The unanimous June 16, 2016 Supreme Court decision in Universal Health Services, Inc. v. United States and Massachusetts, ex. rel. Julio Escobar and Carmen Correa (“Escobar”) significantly expands provider exposure to liability under the False Cl…
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