Health Law Blog

• New Rules for ARNPs from the Iowa Board of Nursing

  Posted by Sarah Wilson | in Health Law Blog on Monday, February 11, 2019

  Advanced registered nurse practitioners (“ARNPs”) will soon have new Iowa Board of Nursing (“the Board”) rules to comply with. The rules, ARC 4132C, have been adopted by the Board; however, they are currently undergoing the rulemaking process and are not yet finalized.

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• The Struggle is Real: Collecting Payments for Nursing Home Care

  Posted by Rebecca Brommel | in Health Law Blog on Friday, January 18, 2019

  In recent years, we have seen an increase in nursing homes struggling to obtain payment for care provided to residents. Certainly, Iowa's elimination of the 90-day retroactivity for Medicaid coverage (which has now been reinstated for nursing home care) contributed to this to some extent, but the problem seems to occur more frequently than ever.

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• State Health Facilities Council Update - October 24, 2018

  Posted by Adam Freed | in Health Law Blog on Thursday, October 25, 2018

  The State Health Facilities Council met on October 24, 2018 and granted a certificate of need ("CON")to various projects.

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• Safeguarding the Privacy and Security of Health Information

  Posted by Sarah Wilson | in Health Law Blog on Friday, October 12, 2018

  Emerging and constantly evolving threats to the data of health care providers, health plans, and business associates give rise to frequently re-visiting an organization's policies, procedures, education, and employee training that address compliance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA").

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• Governor Signed SF2334 Into Law

  Posted by Catherine Cownie | in Health Law Blog on Thursday, April 12, 2018

  On April 2, 2018, the Governor signed SF2334 into law.

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• Limited English Proficiency Policies

  Posted by Sarah Wilson | in Health Law Blog on Friday, April 6, 2018

  Health care providers and other covered entities likely encounter individuals in their practice that are diverse in language, ethnicity, and religion. As communities continue to diversify, it is important for covered entities to understand their legal obligations to populations who may not speak English as a primary language.

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• Surrogacy Contracts Are Enforceable in Iowa

  Posted by Alice Helle | in Health Law Blog on Friday, March 2, 2018

  Iowa Supreme Court ruled that gestational surrogacy contracts are enforceable in Iowa.

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• Iowa's State Health Facilities Council Approves Over $6 Million of New Projects

  Posted by Adam Freed | in Health Law Blog on Friday, February 23, 2018

  The State Health Facilities Council (the "Council") met on February 21, 2018 and approved four extension requests for projects that previously received CONs.

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• Iowa Medicaid Providers Subject to Increased Scrutiny for Medicaid Overpayments

  Posted by Catherine Cownie | in Health Law Blog on Tuesday, February 20, 2018

  On January 23, 2018, the Iowa Department of Human Services (DHS) announced that it will begin using statistical sampling to determine whether Iowa Medicaid providers have received overpayments from Iowa Medicaid Enterprise.

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• Iowa Certificate of Need Law Under Constitutional Attack

  Posted by Adam Freed | in Health Law Blog on Thursday, September 21, 2017

  Iowa has become the latest battleground in a nationwide effort to challenge state "certificate of need" laws. Since 1977, Iowa's certificate of need ("CON") law has required approval for any "new or changed institutional health service." The Iowa General Assembly enacted the CON law to avoid unnecessary duplication of healthcare services and to ensure access to critical healthcare services for people of all socioeconomic levels.

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• New Guidance on Dental Labs as Business Associates

  Posted by Adam Freed | in Health Law Blog on Friday, April 7, 2017

  In March 2017, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) confirmed that a dentist does not need to sign a business associate agreement with a dental lab when the dentist shares with the lab protected health information for purposes of treating patients.

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• Iowa Certificate of Need Becomes Focus of Iowa Legislature

  Posted by Catherine Cownie | in Health Law Blog on Friday, February 24, 2017

  Two bills have been introduced this week at the Iowa Legislature to significantly limit the scope of Iowa's Certificate of Need ("CON") Program.

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• Subpoena Response When Requesting Health Records

  Posted in Health Law Blog on Friday, February 24, 2017

  If you are a Covered Entity or a Business Associate and receive a subpoena, it is important to ensure that you undertake additional steps to ensure that you do not violate HIPAA when you release the requested information.

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• Updated HIPAA Privacy Rule Guidance

  Posted in Health Law Blog on Friday, February 24, 2017

  Earlier this year, in an effort to clarify previous guidance, the United States Department of Health and Human Services ("HHS") updated its guidance and FAQs on the interplay between HIPAA, state law, and the sharing of information with spouses, family members, loved ones, and personal representatives.

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• First of Its Kind HIPAA Enforcement Action

  Posted by in Health Law Blog on Monday, January 23, 2017

  On January 9, 2017, the U.S. Department of Health and Human Services ("HHS"), Office of Civil Rights ("OCR"), issued a Press Release outlining a recent settlement with the Presence Health Network based upon potential violations of the HIPAA Breach Notification Rules' requirements for the timely reporting of a breach. This is the first HIPAA enforcement action for an untimely report of a breach of unsecured protected health information.

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• Iowa's State Health Facilities Council Works Overtime

  Posted by Catherine Cownie | Adam Freed | in Health Law Blog on Wednesday, November 23, 2016

  The months of October and November have been busy months for the State Health Facilities Council (the "Council"). The Council held Iowa Certificate of Need ("CON") hearings on October 11-12, October 26-27, and November 15.

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• Court Grants Injunction on CMS Ban of Pre-Dispute Arbitration Agreements

  Posted by Rebecca Brommel | in Health Law Blog on Friday, November 18, 2016

  In earlier blog post, we discussed CMS's new rule revising the requirements for Long-Term Care facilities. A particularly controversial part of this new rule is the ban on pre-dispute arbitration agreements with residents. That portion of the rule was scheduled to go into effect on November 28, 2016.

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• CMS Issues Final Rule for Long-Term Care Facility Requirements

  Posted by Rebecca Brommel | in Health Law Blog on Friday, September 30, 2016

  Earlier this week, CMS issued an extensive rule revising the requirements for Long-Term Care facilities participating in Medicare and/or Medicaid.

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• HHS Announces $5.55 Million HIPAA Settlement - The Largest To-Date with a Single Entity

  Posted by Adam Freed | in Health Law Blog on Tuesday, August 16, 2016

  Earlier this month, the U.S. Department of Health and Human Services Office for Civil Rights ("OCR") announced its largest settlement to-date involving a single entity for potential violations of the Health Insurance Portability and Accountability Act, or HIPAA.

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• First HIPAA Settlement for Business Associate

  Posted by Catherine Cownie | in Health Law Blog on Friday, July 29, 2016

  The US Department of Health and Human Services Office for Civil Rights (OCR) recently settled its first alleged HIPAA violation against a business associate.

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• HHS Office of Civil Rights Issues New Guidance on Ransomware and HIPAA

  Posted by Michael Jenkins | in Health Law Blog on Tuesday, July 12, 2016

  With reports of ransomware attacks on the rise, it is imperative that covered entities and their business associates put in place information security measures to guard against the unauthorized use or disclosure of electronic protected health information.

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• Council's July CON Hearings Rescheduled

  Posted by Catherine Cownie | in Health Law Blog on Monday, June 27, 2016

  The State Health Facilities Council (the "Council") recently cancelled its previously scheduled July 7-8, 2016 CON hearing dates.

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• DOL's Time-Limited Non-Enforcement Policy of New Salary Level for Certain Medicaid-Funded Providers

  Posted by Megan Moritz | in Health Law Blog on Friday, June 3, 2016

  The new overtime regulations were officially published on May 23, which among other things, more than doubles the salary level requirement for exemption under the Executive, Administrative, and Professional (so-called "white collar") exemptions under the FLSA.

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• CMS Publishes Final Rule Regarding IMD Exclusion

  Posted by Adam Freed | in Health Law Blog on Tuesday, May 17, 2016

  On May 6, 2016, CMS published in the Federal Register a final rule that has the potential to provide additional flexibility under the IMD exclusion for states that have contracted with managed care organizations to administer their Medicaid programs.

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• Business Associates Beware: Phase 2 HIPAA Audits Include You Too

  Posted by in Health Law Blog on Friday, April 1, 2016

  The U.S. Department of Health and Human Services Office for Civil Rights ("OCR") recently announced it would begin Phase 2 of its HIPAA Audit Program. OCR uses the HIPAA Audit Program as a tool to identify risks and vulnerabilities to protected health information before a breach occurs.

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• Accommodating Patients with Disabilities

  Posted by Rebecca Brommel | in Health Law Blog on Friday, March 11, 2016

  Many providers have likely dealt with patients with a variety of disabilities, patients who speak a different language or patients from different cultures, religions and the like. As our communities grow and become more diverse, it is likely that you will see more and more of your patients falling into these categories. Accordingly, it is important to understand your legal obligations when dealing with such individuals.

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• The Informal Conference Process for Health Care Facilities

  Posted by Rebecca Brommel | in Health Law Blog on Friday, February 12, 2016

  Nursing facilities, skilled nursing facilities, residential care facilities, intermediate care facilities for the intellectually disabled, hospitals, hospices, home health agencies, programs and facilities caring for children, elder group homes, assisted living programs and adult day programs are all subject to oversight by the Department of Inspections and Appeals' ("DIA's") Health Facilities Division.

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