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What HIPAA Policies are Required for a Health Care Provider?

Posted on April 4, 2018 by

We are often asked to advise clients regarding the scope and content of Health Insurance Portability and Accountability (HIPAA) policies and procedures that are required to be maintained.  HIPAA clearly requires health care providers, as “covered entities,” to maintain policies and procedures covering HIPAA issues that apply to their operations.  There is a core of […]

When Does a HIPAA Breach Exist?

Posted on April 3, 2018 by

Conducting HIPAA Breach Risk Assessments The HIPAA rules relating to assessment of potential patient confidentiality breaches were changed in 2013.  Specifically, on January 17, 2013, the Office of Civil Rights released new regulations defining when a HIPAA breach is deemed to occur.  These regulations recast the steps that covered entities are required to take when […]

Do You Really Need To Care About OSHA?

Posted on March 29, 2018 by

There seems to be a fair amount of confusion among farmers as to what role the Occupational Safety and Health Administration (OSHA) plays in regulating farming operations.  Among questions we get are “Do I as a farmer need to care about OSHA?” and “Does OSHA regulate farms the same as other businesses?” There is a […]

Changes in Federal Enforcement Cases and the Stark Law May Benefit Health Care Providers

Posted on March 16, 2018 by

Some recent changes in federal law and in federal agency interpretation of federal law may both clarify and relieve some regulatory obligations of health care providers. Lessening Dependence on Federal Agency Interpretations of Federal Law In late January, a high ranking official of the U.S. Department of Justice (DOJ) told DOJ litigators they can no […]

Obesity as Perceived Disability

Posted on March 8, 2018 by

I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act.  I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer discriminated against an obese person if it perceived the person to be adversely impacted by the obese condition and […]

Let’s Start Over – 2018 Health Savings Account Cost of Living Adjustments

Posted on March 7, 2018 by

It is unusual for the IRS to implement a retroactive change to a previously announced limit (whether it be qualified plan limits or HSA limits).  Especially when the change is a reduction in the amount that taxpayers can save/contribute.  But who would disagree that 2018 has been a bit unusual.  On March 5, 2018 the […]

Obesity as a Disabling Condition in Wisconsin?

Posted on March 6, 2018 by

A recent decision from the State of California has held that obesity is considered a protected disability under California law if the condition of obesity is caused by a psychological condition.  This gave me pause to wonder whether obesity would be considered a disability under the Wisconsin Fair Employment Act. It appears there is really […]

Will Centers for Medicare & Medicaid Services (CMS) Really Make Changes to the Stark Law?

Posted on February 26, 2018 by

If you navigate to the American Hospital Association (AHA) Interactive Town Hall of January 17, 2018, you can view a video in which Seema Verma, the current Administrator of the Centers for Medicare and Medicaid Services, discusses some of the efforts currently underway at CMS to ease the burden of applicable regulations through the Medicare […]

Opioid Fraud and Abuse as a Compliance Risk Area

Posted on February 20, 2018 by

The opioid epidemic is different than other drug related social problems because, in many cases, addiction to opioids starts in the medical office or in the pharmacy; in most cases through the treatment of legitimate physical pain and often chronic pain.  As such, the marketing practices of companies who manufacture, market, and distribute these highly […]

Employee Social Media and Employee Discipline – Caution

Posted on February 20, 2018 by

A number of companies have adopted social media policies that address the types of things employees can post on social media even if it is the employee’s private social media page.  While companies have the right to protect their reputation and their business information, the way businesses monitor and possibly use private social media posts […]