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DHHS med. records privacy rules




> ...................................................................
>                   American Health Lawyers Association
>                          Health Law Highlights
> ...................................................................
> Volume 1, Issue 36                               September 13, 1999
>
>  DHHS PREPARES TO ISSUE PRIVACY RULE THIS FALL
>

> DHHS Secretary Donna Shalala indicated in an editorial published in the
> Los Angeles Times on September 3 that, should Congress fail to enact
> legislation, the department is prepared to issue a new medical records
> privacy rule as required by the Health Insurance Portability and
> Accountability Act of 1996 ("HIPAA"). Although HIPAA required Congress to
> act to protect medical privacy by August 21, Shalala was hopeful that
> Congress would pass legislation this fall. If not, Shalala expects DHHS to
> issue its own rule this fall, long before its February 21, 2000, deadline.
>
> ...................................................................
> Copyright (c)1999 American Health Lawyers Association
> ...................................................................


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                  American Health Lawyers Association
                         Health Law Highlights
...................................................................
Volume 1, Issue 36                               September 13, 1999

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News Highlights

1. OIG REBUTS COMMENTARY ON GAINSHARING BULLETIN
   Department of Health and Human Services ("DHHS") Office of Inspector
General ("OIG") Chief Counsel D. McCarty Thornton and Kevin G. McAnaney,
Chief, Industry Guidance Branch, Office of Counsel to the Inspector General,
issued a rebuttal to a Bureau of National Affairs ("BNA") commentary on the
OIG Special Advisory Bulletin on gainsharing issued July 14, 1999.  The
rebuttal addresses the following three key areas in the BNA commentary
regarding the original gainsharing bulletin:  (1) interpretation of Section
11128A(b); (2) the 1994 Notice of Proposed Rulemaking; and (3) the Special
Advisory Bulletin and the Advisory Opinion process.
  Health Lawyers will post an electronic version of the rebuttal during the
day on Monday, Sept. 13, at
http://www.healthlawyers.org/ofnote_oiggainsharinghcfrrebut.htm.

2. IRS PUBLISHES NEW CPE TEXT
   The Internal Revenue Service ("IRS") released its latest Continuing
Professional Education ("CPE") text for FY 2000 for exempt organizations,
including chapters on physician incentive compensation, healthcare joint
venture arrangements, the exempt healthcare organization revised conflicts
of interest policy, and corporate practice of medicine.
   The guidance, which is not precedential but is closely watched by
practitioners, will be posted shortly on the IRS Web site,
http://www.irs.ustreas.gov, and hard copies will be available later from the
IRS FOIA Reading Room (phone 202-622-5164).
   Check the Ask Health Lawyers service at
http://www.healthlawyers.org/askset.htm for a link to the Adobe Acrobat
(PDF) version as soon as it's available.

3. DHHS PREPARES TO ISSUE PRIVACY RULE THIS FALL
   DHHS Secretary Donna Shalala indicated in an editorial published in the
Los Angeles Times on September 3 that, should Congress fail to enact
legislation, the department is prepared to issue a new medical records
privacy rule as required by the Health Insurance Portability and
Accountability Act of 1996 ("HIPAA"). Although HIPAA required Congress to
act to protect medical privacy by August 21, Shalala was hopeful that
Congress would pass legislation this fall. If not, Shalala expects DHHS to
issue its own rule this fall, long before its February 21, 2000, deadline.

4. OIG SEEKS RECOMMENDATIONS FOR OIG COMPLIANCE GUIDANCE FOR INDIVIDUAL
DOCTORS AND SMALL GROUP PRACTICES
   The DHHS OIG issued a notice on September 8 seeking recommendations as it
considers developing a compliance program guidance for individual and small
group physician practices, especially those that serve Medicare and other
federal healthcare program beneficiaries. OIG's actions come after receiving
continued interest from physicians for a specific guidance directed at their
individual practices. The OIG will accept written comments until November 8.
   Go to http://www.access.gpo.gov/su_docs/fedreg/a990908c.html to view the
OIG's notice.

5. NINTH CIRCUIT REMANDS GRIJALVA CASE TO FEDERAL DISTRICT COURT
   The Ninth Circuit ordered Grijalva v. Shalala, No. 97-15877 (9th Cir.
Sept. 1, 1999), a case on Medicare managed care, remanded to the federal
district court in Arizona. Medicare enrollees brought the class action in
the Arizona federal district court in 1993, seeking to strengthen the rights
of beneficiaries who were denied care by Medicare health maintenance
organizations ("HMOs"). The case made its way to the U.S. Supreme Court,
which remanded the case to the Ninth Circuit with instructions to review the
case in light of the Balanced Budget Act of 1997, DHHS regulations, and the
Court's decision in American Manufacturers Mutual Ins. Co. v. Sullivan, 119
U.S. 977 (1999). The Ninth Circuit, in turn, remanded the case to the
federal district court.
   Go to http://www.ce9.uscourts.gov/web/newopinions.nsf to view the
decision online.

6. CHIP PROGRAM APPROVED IN ALL STATES AND U.S. TERRITORIES
   DHHS Secretary Shalala announced on September 8 the approval of Wyoming
and Washington State's plans to provide health coverage for uninsured
children through the Children's Health Insurance Program ("CHIP"). These
approvals mark the completion of CHIP approval in all U.S. states and
territories. Together, all approved plans anticipate providing health
insurance to more than 2.6 million currently uninsured children by September
2000. View the DHHS press release at
http://www.hhs.gov/news/press/1999pres/990908.html.

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New from Health Lawyers 

1. FUNDAMENTALS OF HEALTH LAW PROGRAM, OCT. 4-5
   If you're new to health law or just need a refresher, you won't want to
miss the 1999 Fundamentals of Health Law program on Oct. 4-5. This
conference is designed to provide attorneys with a comprehensive examination
of the basic principles of health law. CLE credits are available.
   Get more information and register online at
http://www.healthlawyers.org/99fund.htm.

2. TAX ISSUES FOR HEALTHCARE ORGANIZATIONS, OCT. 28-29
   At the 1999 Tax Issues program, leading private practitioners and
government representatives will discuss the difficult tax issues your
clients face. You can't afford to miss this program which provides the most
up-to-date information on the tax issues facing healthcare organizations and
the strategic decisions these entities must make. CLE credits are available.
   Get more information and register online at
http://www.healthlawyers.org/99taxbene.htm.

3. FRAUD AND ABUSE: COMPLIANCE AND ENFORCEMENT, NOV. 11-12
   The 1999 Fraud and Abuse program offers attendees the chance to learn the
critical information needed to assess potential violations and hear from
government enforcement officials who are combatting fraudulent activities.
The hot cases and topics in fraud and abuse will be discussed by experts.
CLE credits are available.
   Get more information and register online at
http://www.healthlawyers.org/99fabene.htm.

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available at http://www.healthlawyers.org/askset.htm.

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Copyright (c)1999 American Health Lawyers Association
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