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
As reported previously, California’s general acute care hospital
personal protective equipment (PPE) stockpile law – Assembly Bill
(AB) 2537 – requires hospitals to be prepared to report specified
PPE data as of Jan. 15. CHA developed and has
asked questions to assist hospitals with implementation.
The U.S. Department of Health and Human Services’ Office for
Civil Rights has announced proposed
changes to the Health Insurance Portability and
Accountability Act (HIPAA) privacy rule. The changes aim to
increase patients’ access to their health information, improve
care coordination, and reduce the regulatory burden for providers
and health plans. CHA is analyzing the proposed regulation and
will provide members with additional details in the coming
The U.S. Department of Health & Human Services’ Office of
Inspector General (OIG) has issued a final
rule revising safe harbors under the anti-kickback
statute, as well as civil monetary penalty rules for
beneficiary inducements. The regulations are effective
Jan. 19, 2021.
The Centers for Medicare & Medicaid Services will hold a Special
Open Door Forum on Dec. 2 at 11 a.m. (PT) to
discuss its final
rule to modernize and clarify the regulations that interpret
the Medicare physician self-referral law, also known as the Stark
CHA recognizes that with the Jan. 15, 2021, reporting
Assembly Bill 2537 and its April 1, 2021, personal
protective equipment (PPE) stockpile deadlines right around
the corner, hospitals are struggling with how to meet
the new law’s obligations. Following is an
update on CHA’s advocacy efforts with Cal/OSHA, which began
shortly after the bill was signed.
On Nov. 20, the Centers for Medicare & Medicaid Services issued
final rule to modernize and clarify the regulations that
interpret the Medicare physician self-referral law, also known as
the Stark Law.
CHA will host a webinar from 1 to 2 p.m. on Oct. 30 to help hospitals’ visitation guidelines comply with recent COVID-19 requirements. Experts from CHA and Sutter Health will examine the laws and latest guidance on visitation policies and share real-world experiences to help hospitals and health systems strike the right balance. Additional details and registration information are available here.
On Sept. 18, Gov. Newsom signed Assembly Bill 685
(Reyes, D-Grand Terrace), requiring employers to provide
notice to employees and their representatives when an employee
has been exposed to COVID-19 in the workplace. The law goes
into effect on Jan. 1, 2021.
On Monday, the Office for Civil Rights at the U.S. Department of
Health and Human Services issued guidance for
health care providers on complying with federal civil rights laws
during the COVID-19 public health emergency. The guidance focuses
on prohibitions against discrimination based on race, color,
and national origin, and includes many practical considerations
and actions hospitals can take to ensure equitable access to
On July 3, the California Department of Public Health issued
two sets of proposed regulations for public comment. One
regulation package addresses hospital adverse events reporting,
while the other addresses medical information breach reporting.
CHA is analyzing the proposals and will submit comments.
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
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