Blog for healthcare law by state changes

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In , the pre-Roe law was superseded by Roe v. Wade, found to be unconstitutional by the Arizona Court of Appeals, and was subsequently enjoined by an Arizona superior court judge. Banner Health Network, et al. Plaintiffs filed the class action lawsuit against the hospitals alleging that 42 U.

Hospitals previously operated in accordance with A. Earlier today the U. In fact, failure to make such a report is an act of unprofessional conduct. Occasionally, however, a physician may have another provider as her patient. See id. The obligation and potential report, however, raise concerns for physician-patient privilege, HIPAA protections, and other privacy issues. The advent of telemedicine supplies a unique and convenient gateway for patients and providers to connect.

The benefits of telemedicine range from increased access to care for patients, to increased efficiency and lower overhead costs for providers. However, as is common with new models of health care delivery, navigating the regulatory landscape can be a challenge.

As with regulation of almost any health care delivery model, there will be aspects of compliance that involve federal regulation, state regulation, payor specific regulation, and provider specific regulation. In telemedicine, this regulatory scheme is no different.

Providers may wish to consider what regulations are applicable to their telemedicine practice by tracking enrolled patients by payor type. This may help providers assure that they are not only in compliance with applicable contractual or regulatory schemes, but could also assure that they receive reimbursement for provided telemedicine services. One way to do this is to have patients designate which payor type they will be using for their healthcare coverage on a telemedicine specific patient acknowledgement form when they sign up for telemedicine services.

Although legislative history is sparse, there is evidence that the legislature never intended APSA to encompass medical malpractice actions. Patients have come to expect that they will be actively involved in making decisions about their health care. Informed consent aids patient involvement and provides a process whereby a health care provider discusses a treatment or procedure with a patient, including the nature of the proposed procedure, reasonable alternatives, and the relevant risks and benefits of that procedure.

The process, in addition, may help protect providers from claims that patients did not understand the pertinent risks in the event of adverse outcomes resulting from the procedure. New Mexico health care providers need to be aware of federal and state level developments regarding surprise billing because of the significant changes that could result in civil penalties for noncompliance if the proposed federal regulations are adopted. Balance billing is permitted by out-of-network providers to an individual who knowingly choses to receive services from the out-of-network provider.

The Idaho Department of Health and Welfare has implemented new patient rights rules for hospitals effective July 1, All Idaho hospitals as well as providers rendering services in hospitals should check their existing policies and practices against the new rules, including the following:. In the last Utah legislative session, several bills were passed that affect the obligations of healthcare facilities and providers. Following is a summary of three important bills that went into effect on May 14, , of which all health facilities and providers should be aware.

House Bill requires mandatory reporting to law enforcement when one has knowledge of drug diversion. Specifically, Utah law now holds that an individual is guilty of a class B misdemeanor if they: i know that a Practitioner is diverting or more morphine milligram equivalents to another person for an unlawful purpose; and ii fail to report to law enforcement. The law broadly applies to those involved in providing medications to patients in any manner e.

Utah Code Ann. West and Kaitlyn Luck Surprise billing protections are part of both state and national policy agendas this year in an effort to provide health-care transparency and consumer transparency. Mandatory Reporting of Drug Diversion to Law Enforcement House Bill requires mandatory reporting to law enforcement when one has knowledge of drug diversion.

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Most states have made exceptions allowing physicians to become employees of not-for-profit organizations and sometimes hospitals. States such as California, Iowa, and Texas, have declined to allow hospitals to employ physicians, although even those states have special exceptions.

Iowa hospitals may employ pathologists and radiologists, and Texas public hospitals and California teaching hospitals may employ physicians. Ohio has no ban on the corporate practice of medicine.

Anyone can own a physician practice in Ohio. Though the federal law was repealed in , state CON programs still restrict and govern the development and licensure of medical services in approximately 36 states.

The original intent of these laws was to prevent any tendency to create overutilization of healthcare services by limiting the supply of healthcare provider facilities. Nursing homes are the most commonly controlled healthcare service under state CON laws. Additionally, over one dozen states have enacted moratoriums freezes on the total number of nursing home beds in their respective state.

In some states, nursing home bed licenses are regularly bought and sold between facilities as transferable assets. Here are the latest counts of state CON programs for various services:. Every state has its own licensing laws and standards for healthcare facilities, services, and professionals.

And, wait, before you switch-off and think that this is a subject of intensive geekery, you should know that this topic impacts the foundational transformation of the healthcare industry from traditional fee-for-service reimbursement to value-based and risk-based reimbursement models, underlies the ability of the healthcare industry to undertake risk stratification to put healthcare resources where they are needed, and implicates billions and billions of dollars paid to health plans and providers.

Arguments were heard in the case of United States ex rel. Polansky v. Executive Health Resources, Inc. I was struck on the first day of the 41 st Annual J. Perhaps it struck a chord in me because, in a flurry of presentations today touting patient net promoter scores NPS , that simple statement brings to mind the feelings associated with dignity, respect, self-reliance and, perhaps most importantly, choice — concepts that are hard to quantify into a neat NPS number but which we all recognize and understand.

The proposal is subject to a day public comment period commencing when the Federal Register publishes the proposed rule. The Proposed Rule includes changes on an array of topics including: Star Ratings, medication therapy management, marketing and communications, health equity, provider directories, coverage criteria, prior authorization, behavioral health services, identification of overpayments , requirements for valid contract applications, and formulary changes.

The New Year energizes us to plan for success in the coming months. To increase the odds of meeting your business goals, we suggest taking a quick inventory of legal risks and brainstorming corrective actions for While important, legal risks may not seem urgent until a related problem impacts your business i. Once present, legal risks can take a significant amount of time, expense, and energy to resolve that could be spent elsewhere in your business. We recommend taking a few minutes today to ask yourself the following questions: ….