CHA’s legal department advocates vigorously before the courts on behalf of California hospitals, both as a party in litigation and as amicus curiae in important appellate cases. In addition, the CHA legal department prepares legal memoranda and manuals to help hospitals understand and comply with state and federal laws. The CHA legal department also supports CHA staff in their advocacy efforts before the state legislature and regulatory agencies.
In late December CDPH issued new regulations regarding hospital penalties. The new penalties will apply to incidents which occur on or after April 1, 2014. Previously, penalties were levied against hospitals for incidents which caused immediate jeopardy (IJ) to the health or safety of a patient. Under the new regulations penalties may extend to non-IJ violations and the penalties for IJ violations will increase.
On Feb. 6, the U.S. Department of Health and Human Services published a final rule that gives patients the right to obtain their lab test results directly from any lab subject to the Health Insurance Portability and Accountability Act of 1996 Privacy Rule (HIPAA), and to require the labs to send their test results to any designated person or organization. The rule, attached, also amends the Clinical Laboratory Improvement Amendments of 1988 (CLIA) regulations to permit (but not require) CLIA-certified labs that are not subject to HIPAA to provide test results directly to patients. While patients can continue to get their lab test reports from their doctors, these changes give patients a new option to obtain their test reports directly from the lab. The rule is intended to provide patients greater access to their health information, empowering them to take a more active role in managing their health and health care. The final rule is effective April 7, but HIPAA covered entities must comply with the applicable requirements by Oct. 6.
April 23, Costa Mesa; April 24, San Diego; April 30, Ontario May 1, Glendale; May 20, Sacramento; May 22, Oakland
Hospitals are under increasing scrutiny. It’s more important than ever to do everything right — to understand health care laws and requirements, and to carefully document. Mistakes may lead to penalties — big ones. This year’s seminar will update you on the most recent changes in federal and state laws and show you how to stay compliant. All attendees receive a free copy of CHA’s 2014 Consent Manual.
The Office of Inspector General (OIG) has issued its annual report on the most significant management and performance challenges facing the Department of Health and Human Services (HHS). The summary fulfills OIG’s requirement to identify management challenges, assess the progress in addressing each challenge and submit a statement about them to HHS. The assessment is included as an appendix to the publicly available HHS annual Agency Financial Report.
As part of its representation and advocacy efforts, CHA is asked on occasion to consider participating in litigation proceedings on matters pertaining to hospitals. Litigation support may come in a variety of requests, including consultation, filing as a representative plaintiff, intervening as a party, providing amicus support, or other related assistance. CHA’s Litigation Policy, updated by the Board of Trustees at its recent meeting, addresses the nature and scope that an issue presents for the hospital industry, and the procedural prerequisites that must accompany a request for CHA litigation or amicus support. The updated CHA Litigation Policy is attached.
Hospitals must update their Notice of Privacy Practices by Monday, Sept. 23, according to regulations issued by the U.S. Department of Health and Human Services (HHS) on Jan. 25. The updated notice must be posted on the hospital’s website and in the facility, provided to new patients and made available to returning patients upon request. CHA has updated its model notices to comply with the rule; the CHA models are available at www.calhospital.org/cha-developed-privacy-tools.
In addition, HHS has developed model notices that hospitals may use as a guide in developing their own. However, the HHS model notices are not California-specific — some of the provisions conflict with stricter California law, particularly for patients being treated under the Lanterman-Petris-Short Act. The HHS model notices may be found at www.hhs.gov/ocr/privacy/hipaa/modelnotices.html.
On January 23, 2013, the California Building Standards Commission adopted emergency regulations revising the 2010 California Building Standards Code. One of the key areas impacted was signage. Hospitals have a lot of signs — large hospitals may have up to 80 or more different types. Find out about the emergency regulations and what you need to do to comply.
There’s a lot of buzz around the new HIPAA/HITECH final rule, and hospitals are moving quickly to review and understand the new federal regulations. But, California has its own set of laws to consider that are sometimes more stringent. So, which laws do you need to follow?
You’ve just been served. The subpoena “looks” okay, and seems “official,” but you’re wary — and you should be. The stakes are often high if you get this wrong. This webinar thoroughly explains the nuances of civil and criminal subpoenas. Participants will learn how to review what they receive and respond with confidence.
Learn about the fundamentals of health information privacy to make decisions with confidence. Expert faculty explain the many laws governing patient privacy and how they apply to the most common situations. Case scenarios are used to challenge participant knowledge and critical thinking skills.
The U.S. Department of Health and Human Services (HHS) issued a 15-page document last week that provides guidance on the essential health benefits that must be included in the scope of coverage that insurance plans must meet in 2014 to sell in state-based health insurance exchanges. The guidance provides states with a choice of benchmark plans instead of dictating a single approach. The HHS guidance puts choice and flexibility in the hands of the states as they work to build their insurance exchanges.
The U.S. Supreme Court has announced it will hear arguments on the constitutionality of the federal health care reform law March 26-28, 2012. The court will discuss several issues, including tax laws and timing of the Affordable Care Act implementation, the individual mandate, whether severability applies, and the constitutionality of the Medicaid expansion. Contact: Anne McLeod, (916) 552-7536, email@example.com.