Articles and Blogs

Health Information Technology

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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Proposed Incentives for Behavioral Health Providers to Adopt Electronic Health Records

[08/24/17]

Posted on August 24, 2017 in Health Information Technology, Health Law News

Published by: Hall Render

With the intention of improving care for individuals receiving substance use disorder treatment and mental health care by better coordinating care, Senators Rob Portman (R-OH) and Sheldon Whitehouse (D-RI) introduced the Improving Access to Behavioral Health Information Technology Act (“Act”), a bipartisan bill designed to grant incentives to behavioral health organizations to adopt electronic... READ MORE

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

Defend Trade Secrets Act of 2016: Promoting Uniformity and How an Employer Can Obtain Heightened Damages for Unlawful Trade Secret Disclosures

[07/05/16]

Posted on July 5, 2016 in Health Information Technology

Published by: Hall Render

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”)1 into law. The DTSA’s stated purpose is to bring trade secrets disputes into the federal courts, changing the system under which trade secret law was governed mostly by state law. As part of the DTSA, employers who wish... READ MORE

New FTC Guidance and Tools for Mobile Medical Apps

[05/04/16]

Posted on May 4, 2016 in Health Information Technology

Published by: Hall Render

On Tuesday, April 5, the Federal Trade Commission (“FTC”) released a new web-based tool for developers of health-related mobile apps. The tool asks mobile application developers questions about the mobile app’s function, the type(s) of data that the app collects and the service(s) that the app offers to end-users. The new tool then guides... READ MORE

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Business Associate Agreements Are Critical to HIPAA Compliance: OCR Announces $755,000 Settlement Action

[04/26/16]

Posted on April 26, 2016 in Health Information Technology, Health Law News

Published by: Hall Render

On April 19, 2016, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) reached a settlement in the amount of $755,000 with a North Carolina orthopedic clinic (“Clinic”) for failing to execute a business associate agreement with a third-party vendor. This is OCR’s second settlement this year related to business... READ MORE

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2015 Meaningful Use Attestation Deadline Extended

[02/11/16]

Posted on February 11, 2016 in Health Information Technology

Written by: Jeffrey W. Short

This week, the Centers for Medicare & Medicaid Services (“CMS”) announced that the attestation deadline for the Medicare Electronic Health Record Incentive Program (“Meaningful Use Program”) is changed from February 29, 2016 to March 11, 2016. The new deadline applies to all eligible professionals, eligible hospitals and critical access hospitals participating in the Meaningful... READ MORE

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