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The recent stimulus package has not only mucho dinero for the computer wonks but also has but some teeth into the business associate aspect of HIPAA. The associates now must implement security policies and training, put in physician security and start to use tech security such as encryption and password protection. The state attorney generals now have the authority to fine a company or other business associate up to $5000 per violation. The state can also collect attorney fees and civil damages. Also if any entity has a security breach of over 500 patients , they must immediately notify the HHS or if a vender the FTC. Also the local newspaper must be alerted. Patients can now request an accounting for only three years instead of the current six years but the accounting must now include treatment, payment and healthcare operations disclosures, a labor intensive requirement. Top
Washington state is proposing that all patients admitted to ICUs, undergoing cardiac procedures or having joint replacements be tested for MRSA. The reason for this considered law is the dragging of the feet of hospitals and physicians to try to slow down the disease. Four state already mandate that hospitals screen high risk patients for the disease. The proposed law is being fought by the Washington Medical Assoc. The state hospital association is not against the screening per se but has problems with the requirement that anyone who tests positive must be isolate. Hospitals do not have enough private rooms for this and do not to give up a double for one patient. A second proposed law is also going through the legislature but only requires hospitals to occasionally screen ICU patients to see if a problem exists. The medical association is also against this. Top
One must give North Dakota an A for effort. All the laws they have passed to attempt to prevent abortion have failed but they continue. The new one that will also be struck down if it passed the Senate states that a fertilized human egg has the same rights as a human being. "Stupid is as stupid does" sayeth the Gumper. Top
CMS has stopped WellCare from enrolling any more members in their Medicare Advantage program. They were found to be one of the worst performers among all plans and their complaints are three times the national average.
In New Jersey they had a stupid rule that physicians could not refer patients to the doctor owned surgical center. This is contrary to federal law. They have now reversed their position but stopped the building of any more surgical centers. The hospital lobby bribes (lobbies) well in New Jersey. For some reason it is okay for physicians to own new surgical centers if they partner with hospitals.
CMS has cut the pay for Medicare Managed Care to only a 0.5% increase instead of the usual 4%. The insurers will need to cut care to keep their profit says some analysts. The stock share of the health insurance companies are falling rapidly.
Obama's budget proposal has in it a mention of stopping physician self referral to the hospitals which they legally own. Congratulations to the AHA for not only buying legislatures but the President as well.
Obama is proposing a major reduction in funding for Medicare Advantage plans. He plans to do this with competitive bidding. Top
DISCLAIMER: Although this
article is updated periodically, it reflects the author's point of view at the
time of publication. Nothing in this article constitutes legal advice. Readers
should consult with their own legal counsel before acting on any of the
information presented.