Posts Tagged ‘Elizabeth Hogue’

Available Now: HCAF’s Summer Edition of The Florida Home Care Connection

June 20, 2013

Summer-2013-Florida-Home-Care-ConnectionThe Summer 2013 issue of The Florida Home Care Connection, HCAF’s official magazine, is now available online! This issue focuses on renewing yourself for the new age of home care, and features articles from leading industry professionals.

Check out what’s inside: (more…)

Elizabeth Hogue on HIPAA Allowing Disclosure of Information When Risk of Danger is Present (Part 6)

June 19, 2013

On January 15, 2013, the Office of Civil Rights, the enforcer of HIPAA, published a letter that clarifies that providers may disclose information when there is a risk of danger. Specifically, providers may disclose necessary information about patients to law enforcement, family members of patients, or other persons when providers believe that patients present serious danger to themselves or to other people.

The letter goes on to say that: (more…)

Elizabeth Hogue on New HIPAA Rules: Breach Notification (Part 5)

May 28, 2013

The U.S. Department of Health and Human Services (HHS) has issued final rules to:

  • Modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security and Enforcement Rules to implement statutory amendments under the Health Information Technology Economic and Clinical Health Act (HITECH Act) to strengthen the privacy and security protection for individuals’ health information;
  • Modify the rule for Breach Notification for Unsecured Protected Health Information (Breach Notification Rule) under the HITECH Act to address public comments received on the interim final rule;
  • Modify the HIPAA Privacy Rule to strengthen the privacy protections for genetic information by implementing section 105 of Title 1 of the Genetic Information Nondiscrimination Act of 2008 (GINA); and
  • Make other modifications to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules to improve their workability and effectiveness, and to increase flexibility and decrease burden on regulated entities.

The final rules were published in the Federal Register on January 25, 2013, and will be effective on March 26, 2013. Covered entities and business associates must comply with the final rules by September 23, 2013. This is the fifth in a series of articles that will address key provisions of the rules, their impact on post-acute providers, and practical solutions for compliance. (more…)

Elizabeth Hogue on New HIPAA Rules: Access by Individuals (Part 4)

April 29, 2013

The U.S. Department of Health and Human Services (HHS) has issued final rules to:

  • Modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security and Enforcement Rules to implement statutory amendments under the Health Information Technology Economic and Clinical Health Act (HITECH Act) to strengthen the privacy and security protection for individuals’ health information;
  • Modify the rule for Breach Notification for Unsecured Protected Health Information (Breach Notification Rule) under the HITECH Act to address public comments received on the interim final rule;
  • Modify the HIPAA Privacy Rule to strengthen the privacy protections for genetic information by implementing section 105 of Title 1 of the Genetic Information Nondiscrimination Act of 2008 (GINA); and
  • Make other modifications to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules to improve their workability and effectiveness, and to increase flexibility and decrease burden on regulated entities. (more…)

Elizabeth Hogue on New HIPAA Rules: Disclosures and Revised Notices of Privacy Practices (Part 3)

March 28, 2013

The U.S. Department of Health and Human Services has issued final rules to:

  • Modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security and Enforcement Rules to implement statutory amendments under the Health Information Technology Economic and Clinical Health Act (HITECH Act) to strengthen the privacy and security protection for individuals’ health information;
  • Modify the rule for Breach Notification for Unsecured Protected Health Information (Breach Notification Rule) under the HITECH Act to address public comments received on the interim final rule;
  • Modify the HIPAA Privacy Rule to strengthen the privacy protections for genetic information by implementing section 105 of Title 1 of the Genetic Information Nondiscrimination Act of 2008 (GINA); and
  • Make other modifications to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules to improve their workability and effectiveness, and to increase flexibility and decrease burden on regulated entities. (more…)

Elizabeth Hogue on New HIPAA Rules and Business Associates (Part 2)

February 18, 2013

The U.S. Department of Health and Human Services has issued final rules to:

  • Modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security and Enforcement Rules to implement statutory amendments under the Health Information Technology Economic and Clinical Health Act (HITECH Act) to strengthen the privacy and security protection for individuals’ health information.
  • Modify the rule for Breach Notification for Unsecured Protected Health Information (Breach Notification Rule) under the HITECH Act to address public comments received on the interim final rule;
  • Modify the HIPAA Privacy Rule to strengthen the privacy protections for genetic information by implementing section 105 of Title 1 of the Genetic Information Nondiscrimination Act of 2008 (GINA); and
  • Make other modifications to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules to improve their workability and effectiveness, and to increase flexibility and decrease burden on regulated entities.
  • The final rules were published in the Federal Register on January 25, 2013, and will be effective on March 26, 2013. Covered entities and business associates must comply with the final rules by September 23, 2013. This is the second in a series of articles that will address key provisions of the rules, their impact on post-acute providers, and practical solutions for compliance. (more…)

Elizabeth Hogue Weighs in on the New HIPAA Rules (Part 1)

January 22, 2013

The U.S. Department of Health and Human Services (HHS) has issued final rules to:

  • Modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security and Enforcement Rules to implement statutory amendments under the Health Information Technology Economic and Clinical Health Act (HITECH Act) to strengthen the privacy and security protection for individuals’ health information;
  • Modify the rule for Breach Notification for Unsecured Protected Health Information (Breach Notification Rule) under the HITECH Act to address public comments received on the interim final rule;
  • Modify the HIPAA Privacy Rule to strengthen the privacy protections for genetic information by implementing section 105 of Title 1 of the Genetic Information Nondiscrimination Act of 2008 (GINA); and
  • Make other modifications to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules to improve their workability and effectiveness and to increase flexibility and to decrease burden on regulated entities. (more…)

Elizabeth Hogue on the Fundamental Difference Between Home Care & Institutional Care

January 8, 2013

Discharge planners/case managers who work in institutions such as acute hospitals, skilled nursing facilities, etc. may not have thought about a fundamental difference between home care and care provided in the institutions in which they work. The difference is that patients receive continuous care in institutional settings, but receive only intermittent care from home care providers, including home health agencies, hospices, HME (home medical equipment) companies and private duty agencies, unless they choose to receive and pay for 24-hour care seven days per week of private duty care. Few patients choose the latter, if for no other reason than because it is extremely expensive. Most home care patients, therefore, receive only intermittent care.

Patients must continuously meet the following criteria, regardless of payor source, in order to be generally appropriate for home care services: (more…)

Elizabeth Hogue on Questionable Billing Practices to Fix Now

October 9, 2012

The Office of Inspector General of the U. S. Department of Health and Human Services issued Report OEI-04-11-00240 in August 2012, entitled “Inappropriate and Questionable Billing by Medicare Home Health Agencies.” Unlike some other guidance published the OIG, this report provides detailed information about inappropriate and questionable billing practices by home health agencies. Specifically, the OIG concluded that HHA billing is questionable or unusually high on the six measures below, if greater than the 75th percentile plus 1.5 times the interquartile range.

The six measures are as follows: (more…)

Elizabeth Hogue on Intermediate Sanctions Proposed for Home Health Agencies

September 5, 2012

The Centers for Medicare and Medicaid Services published proposed regulations establishing intermediate sanctions that will be imposed on Medicare-certified home health agencies to help ensure prompt compliance with Program requirements. These proposed regulations appeared in the Federal Register on July 13, 2012.  Specifically, if finalized, sanctions may be imposed when deficiencies are issued during surveys.

Here are key provisions of the proposed rules: (more…)