2017 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

Pullman & Comley’s annual review of significant case law affecting Connecticut health care providers (click here to view) summarizes a number of important decisions issued in 2017 by Connecticut state courts and the federal District Court in Connecticut. Among the 2017 highlights are state court decisions addressing informed consent; exceptions to the physician-patient privilege; and…

Read more

Session Replay Scripts: Time to Go Under the Hood on Your Organization’s Website

**This article was first published in the American Health Lawyers Association newsletter and is reprinted with permission. Given the ubiquity and utility of analytics in all facets of the modern health-care delivery system, it is not surprising that many organizations would be tempted to use these tools as marketing aids on their websites. Recent articles by privacy…

Read more

CT Supreme Court: Patients Have Right to Sue Physicians for Unauthorized Disclosure of Confidential Medical Records

The Connecticut Supreme Court issued an opinion yesterday recognizing a common law duty of confidentiality arising from the physician-patient relationship and establishing a new private cause of action for breach of this duty. Connecticut now joins a number of states which allow patients to recover from physicians who disclose confidential medical information without authorization. Byrne…

Read more

Telehealth Opportunities Worth Watching in 2018

Continued physician shortages, reduced reimbursement from government and private insurance plans and the ever-increasing health care needs of an aging population are forcing payors and providers alike to increase the utilization of telehealth services to improve access and maintain the affordability of care. As 2017 draws to a close, Connecticut providers should be aware of…

Read more

New Home Health Rules Effective in January 2018—Some Traps for the Unwary

The Centers for Medicare & Medicaid Services (CMS) have issued new Conditions of Participation (CoP) for home health agencies (HHA) that are effective January 13, 2018.  The CoP were originally scheduled to take effect on July 13, 2017; a final rule delaying the effective date until January 13, 2018 was issued this past summer. CMS…

Read more

The Impact of the New Connecticut Budget on the Health Care Industry

The bipartisan state budget became law yesterday (the “Budget Act”). While Governor Malloy vetoed a provision requiring supplemental payments to hospitals, the Budget Act includes numerous other provisions affecting the health care industry. We’ve highlighted some of the key provisions that impact the operations of hospitals and other health care providers in Connecticut. Unless otherwise…

Read more

Connecticut Court Declines to Apply Physician Non-Compete Statute Retroactively

A Connecticut superior court recently held that Connecticut’s statute limiting the noncompetition agreements by which Connecticut physicians may be bound, may not be applied retroactively. In the 2016 legislative session, the Connecticut legislature enacted Section 20-14p, which provides, among other things, that a non-competition agreement with a physician may not restrict the physician’s activities for…

Read more

Home Health Agencies Get More Time to Prepare for New Medicare Rules

Home health agencies (HHAs) can breathe a sigh of relief now that the Centers for Medicare & Medicaid Services (CMS) have published a Final Rule delaying the effective date of the revised Medicare Conditions of Participation (CoP) published earlier this year. The effective date is now January 13, 2018. CMS issued a proposed rule in…

Read more

HIPAA in the Age of Ransomware

According to a recent US Government Interagency report, ransomware is the fastest growing malware threat, targeting users of all types, including health care facilities. This past spring, for example, the WannaCry ransomware crippled the UK’s National Health Service and drove hospitals in Connecticut to take action to secure their systems against the virus. And just…

Read more

Thinking of Becoming a Concierge Practice? Some Legal Issues to Consider

Many primary care physicians are transitioning their practices to a “concierge” model, sometimes called “Direct Primary Care” or “Retainer” practice. In a concierge practice, patients pay a fixed annual or monthly fee to receive certain non-medical services in addition to the usual professional services rendered by physicians. Concierge services include such “extras” as same-day or…

Read more