Articles and Blogs

Health Information Technology

FCC Considering Overhaul to Funding for Health Care Broadband and Telecommunications Programs

[01/15/18]

Posted on January 15, 2018 in Health Information Technology

Published by: Hall Render

Annually, the Federal Communications Commission (“FCC”) provides $400 million in funding to health care providers who serve rural populations through its Rural Health Care Program (“RHC Program”). The RHC Program is aimed at improving and reducing the cost of communications services that are used in providing health care services to residents of the rural... READ MORE

CMS Clarifies that Texting PHI Through Secure Platforms Is Permissible – But Not Orders!

[12/29/17]

Posted on December 29, 2017 in Health Information Technology

Published by: Hall Render

In a December 28, 2017, a memo (“Memo”) to state survey agency directors, CMS made clear that texting patient information is allowed as long as a secure texting platform is used, recognizing the importance of texting as an “essential and valuable means of communication among the team members” caring for patients. Providers must comply with... READ MORE

CMS Prohibition on Texting? Evaluating Next Steps for Your Organization

[12/28/17]

Posted on December 28, 2017 in Health Information Technology

Published by: Hall Render

For an update to this article, please click here. As stated in our previous blog, while there has been no official guidance from CMS regarding a broad prohibition on the texting of protected health information (“PHI”), there has been significant discussion in industry circles about CMS’s recently stated position against texting PHI. As reported in... READ MORE

CMS Appears to Forbid All Forms of Text Messaging

[12/19/17]

Posted on December 19, 2017 in Health Information Technology

Published by: Hall Render

For an update to this article, please click here. If your organization allows texting, consider recent CMS communications prohibiting all texting Hall Render has become aware that the Centers for Medicare & Medicaid Services (“CMS”) has been communicating to hospitals that texting is unacceptable, even through secure text messaging applications, due to concerns about the... READ MORE

Final FDA Guidance on Interoperable Medical Devices

[09/20/17]

Posted on September 20, 2017 in Health Information Technology

Published by: Hall Render

On September 6, 2017, the U.S. Food and Drug Administration (“FDA”) published final guidance (“Guidance”) summarizing its recommendations for medical devices that are connected to each other and to other technology (“interoperable medical devices”). The Guidance finalizes preliminary guidance from January 2016 and is intended to encourage rapid innovation in the marketplace by allowing... READ MORE

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Meaningful Use Hardship Exception Deadline Approaching

[09/14/17]

Posted on September 14, 2017 in Health Information Technology

Published by: Hall Render

Eligible Professionals participating in the Medicare Meaningful Use Electronic Health Record Incentive Program have until October 1, 2017 to submit a hardship application to avoid a downward payment adjustment in 2018. A participant may submit a hardship application if the Eligible Professional: Is a first-time Eligible Professional who intends to participate in the advancing care information performance... READ MORE

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eClinicalWorks Settlement – Impact on Providers

[06/08/17]

Posted on June 8, 2017 in Health Information Technology

Published by: Hall Render

The news of the $155 million settlement between eClinicalWorks (“eCW”), several eCW employees and the U.S. Department of Justice has left many current users of the eClinicalWorks EHR (“eCW EHR”) wondering what impact it will have upon them. First, the terms of the settlement provide several rights to current users. Second, actions taken to... READ MORE

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The MDLive Class Action: Understanding the Complex Relationship of Consumer Telehealth Platforms

[06/02/17]

Posted on June 2, 2017 in Health Information Technology

Published by: Hall Render

On April 18, 2017, a class action was initiated against MDLive, Inc. asserting that MDLive inappropriately collected and disclosed patient medical information. MDLive is a low acuity telehealth platform that enables patients to communicate with physicians via their smart phones, computers or other mobile devices. Without commenting on the merits of the specific claims... READ MORE

HHS Announces International Cyber Threat to Health Care Organizations

[05/12/17]

Posted on May 12, 2017 in Health Information Technology, Health Law News

Published by: Hall Render

On May 12, 2017, a massive cyber attack affecting health care organizations across the world prompted the United States Department of Health and Human Services (“HHS”) to issue a warning to U.S. health care organizations. The attack apparently first began in England, causing information systems at health care organizations throughout the country to become infected... READ MORE

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Attest to 2016 Medicare Meaningful Use Program Requirements by February 28

[01/17/17]

Posted on January 17, 2017 in Health Information Technology

Published by: Hall Render

This month, the Centers for Medicare & Medicaid Services opened the registration and attestation system for the Medicare Meaningful Use Incentive Payment Program for 2016.  Eligible providers participating in the Medicare Meaningful Use Incentive Payment Program must attest to the 2016 Medicare Meaningful Use Program requirements by February 28, 2017 at 11:59 PM EST in order... READ MORE