Topic: Latest in Health Law

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…

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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…

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Connecticut Certificate of Need Bill Advances After Spirited Debate and Some (But Possibly Not All) Amendments

As reported in our last post, the General Assembly’s Joint Committee on Public Health took up Senate Bill No. 795, An Act Establishing the Office of Health Strategy and Improving the Certificate of Need Program. At a packed hearing on March 20, 2017, the Committee heard from nearly 40 interested parties who submitted written statements…

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Are Big Changes Looming for Connecticut’s CON Law?

Health care providers both inside and outside of Connecticut will have their eyes trained on the General Assembly’s Joint Committee on Public Health next week when it takes up Governor’s Bill No. 795, An Act Establishing the Office of Health Care Strategy and Improving the Certificate of Need Program. The Bill represents the culmination of…

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Connecticut CON Task Force Issues Final Report

A major purpose of the Certificate of Need (“CON”) Task Force established by Governor Malloy last February was to deliver recommendations on how to improve the existing CON program in light of the evolving health care industry and changing market conditions. On January 13, 2017, after eight months of meetings, the Task Force issued a…

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Joint Commission Confirms Ban on Texting of Patient Care Orders

After briefly considering a reversal of its prohibition on texting orders, The Joint Commission (TJC), in consultation with the Centers for Medicare & Medicaid Services (CMS), announced last month that its ban would continue indefinitely. In the May issue of TJC’s Perspectives publication, TJC announced that it was removing its ban on texting orders for patient…

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CT Hospitals Have New Patient Disclosure Requirements Beginning in 2017

Beginning January 28, 2017, Connecticut hospitals must start notifying patients who schedule certain non-emergency diagnoses or procedures of their right to request related cost and quality information. This new requirement applies to patients whose diagnoses and procedures are included in the annual report issued jointly by the Connecticut Insurance Department (CID) and Department of Public…

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Landmark Mental Health Bill Creates Unique Opportunity for Connecticut Providers

Something refreshing actually came out of the U.S. Congress last week. In a rare display of bipartisanship, the Senate voted 94 to 5 to pass the 21st Century Cures Act, which is being called the most comprehensive mental health system reform legislation in the last 50 years. Sponsored by Connecticut Sen. Chris Murphy, the bill…

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Hospitals, Physician Practices and Clinics are Reminded to Post New Non-Discrimination Notice

Hospitals, physician practices and other health care providers that receive federal financial assistance, which includes receiving reimbursement from Medicare Parts A, C and D and/or Medicaid, are reminded to post new non-discrimination notices required under the Patient Protection and Affordable Care Act (the “ACA”). Background While the prohibition on discrimination has been in effect since…

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Cefaratti v. Aranow – Connecticut Hospitals May Be Vicariously Liable for Negligence of Non-Employee Physicians

The Supreme Court of Connecticut recently issued an important decision that could significantly increase a hospital’s liability for the negligence of physicians who have privileges at, but are not directly employed by, the hospital. In Cefaratti v. Aranow, the court finally resolved an issue that had resulted in conflicting decisions in the lower courts, and…

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