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.
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
On April 20, the California Attorney General issued a published opinion clarifying
the time period within which a Business and Professions Code
section 805 report must be filed. Section 805 requires a
report to be filed with the relevant state healing arts licensing
agency “within 15 days after the effective date” of certain
actions taken by a peer review body against specified health care
“Extraordinary times call for extraordinary measures…” -Benet Wilson
COVID-19 is challenging America’s health care providers in ways we never imagined. To support them in making difficult decisions during times of scarce medical supplies, California’s health care leadership has been developing guidance that will help frontline health care workers make some of the hardest decisions of their lives.
Federal law requires hospitals and other Health Insurance
Portability and Accountability Act (HIPAA)-covered entities to
report all 2019 HIPAA privacy breaches affecting fewer than 500
patients to the Office for Civil Rights of the U.S. Department of
Health and Human Services (HHS) by Feb. 29.
The California Department of Public Health (CDPH) has issued
guidance, in three different All Facilities Letters (AFLs),
about new laws that apply to hospitals and health facilities: one
regarding medical exams of sexual assault victims, one on
employees’ rights during a CDPH investigation or inspection, and
one on written notice to patients about their right to be free of
CHA has submitted its comment
letter in response to the Office of Inspector General’s (OIG)
proposed rule to revise safe harbors under the anti-kickback
statute (AKS) and civil monetary penalty (CMP) rules regarding
beneficiary inducements. The proposed rule would create new safe
harbors for value-based arrangements and patient engagement, and
would expand other existing safe harbors.
CHA has submitted its comment
letter on the Centers for Medicare & Medicaid Services’ (CMS)
proposed rule to modernize regulations under the physician
self-referral law – also known as the
Stark Law. While CHA generally supports many of the
provisions outlined in the proposed rule, additional changes are
needed to advance the shared goals of care coordination and
reduced administrative burden.
CHA has submitted
comments on the Substance Abuse and Mental Health Services
Administration’s (SAMHSA) proposed changes to the Confidentiality
of Substance Use Disorder (SUD) Patient Records (Part 2)
In a win for providers, a federal judge has ruled
that the Centers for Medicare & Medicaid Services (CMS) exceeded
its statutory authority when it reduced payments for clinic
visits furnished in excepted off-campus provider-based
departments, which were specifically excluded from the Balanced
Budget Act of 2015.
The U.S. Department of Health and Human Services released two
proposed rules last week about the confidentiality of substance
use disorder (SUD) patient information. The first
proposed rule includes several changes to the law governing
medical records created by federally assisted substance use
disorder (FASUD) programs, also known as the Part 2 regulations.