Do I really need a Healthcare Lawyer?

Healthcare has now surpassed nuclear power and financial services as the most highly regulated industry in the U.S. - and for good reason. The health, safety, and privacy of individual patients and the public at large is at stake.

For better or for worse, there exists a complex web of local, state, and federal laws and regulations that govern the businesses of healthcare providers and healthcare companies - from patient safety and privacy protections, to corporate transactions and contractual relationships. Navigating this complicated landscape requires a deep understanding of the risks and opportunities inherent in the healthcare industry—namely, it requires an experienced healthcare attorney. 

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What do I need to know about GDPR?

Beginning on May 25, 2018, HIPAA won’t be the only healthcare data security standard with which U.S. companies have to comply. Medical practices, digital healthcare companies, and vendors (e.g., electronic health records companies, medical billing companies, and cloud services companies) that do business in the healthcare sector and collect data from European citizens will be required to comply with the new EU General Data Protection Regulation (the “GDPR”). A recent Reuters article called the implementation of these regulations “the biggest overhaul of online privacy since the birth of the internet.”

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To Text or Not to Text: Clarification for Healthcare Providers on Texting Patient Information

On December 28, 2017, the Centers for Medicare & Medicaid Services (CMS) released a Memorandum (the “Memo”), effective immediately, that represents a clear change to previous guidance on the use of SMS Text Messaging or “texting” by healthcare providers to transmit patient information to other providers that are part of a patient’s care team.

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Top Changes to 2018 Medicare Physician Fee Schedule

The 2018 Medicare Physician Fee Schedule Final Rule (“2018 MPFS” or “Final Rule”) went into effect on January 1. Marked by new additions to the Telehealth codes and the un-bundling of Remote Patient Monitoring code CPT 99091, the 2018 MPFS provides plenty of opportunities for providers to grow their practice through digital medicine. This article outlines key changes to the new Rule. 

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Virginia Legalizes Cannabis for Medical Use

On February 21, the Virginia House of Delegates voted 99-0 (1 abstention) to approve HB 1251, a bill that will dramatically expand the state’s medical cannabis laws. The bill was sent to Governor Ralph Northam for signature and – thanks to an emergency clause recommended by the Governor himself – will be effective immediately once he signs. With this bill, doctors will now be able to recommend the use of medical cannabis oil to patients with any diagnosed condition or disease that the doctor determines will benefit from such use.

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Kaitlyn O’Connor, Esq. joins Nixon Law Group, a leading boutique healthcare law firm

Nixon Law Group, a Virginia-based boutique law firm representing clients in the healthcare industry exclusively, announced today that Kaitlyn O’Connor, Esq. has joined the firm as Counsel. Kaitlyn will be based in Nixon Law Group’s Richmond office, but will divide her time between Richmond and Williamsburg.

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The 21st Century Cures Act and the Future of Healthcare

The Cures Act is aimed at modernizing and personalizing healthcare by encouraging innovation and streamlining the process for discovery, development, and delivery of new treatments and technologies to those suffering from illness. Importantly, the legislation provides for significant funding to advance these goals, to the tune of $4.8 billion to the National Institutes of Health ("NIH"), $500 million to the Food & Drug Administration ("FDA"), and $1 billion in grants to states for opioid abuse prevention and treatment. This article will provide an overview of key components of the Cures Act and highlight implications for the future of healthcare.

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Join Nixon Law Group at MATRC 2018

Join NLG Partner Rebecca E. Gwilt and telemedicine vendors, practitioners, and academicians from Virginia, Maryland, Delaware, Washington, D.C., Pennsylvania, New Jersey, West Virginia, North Carolina, and Kentucky at the Mid-Atlantic Telehealth Resource Center's (MATRC) 2018 Summit in Hershey, PA this April. Rebecca will be speaking alongside Brian Scarpelli with the Connected Health Initiative during the session: “Deconstructing Reimbursement for Chronic Disease Management”. (Monday April 16 from 2:30 PM - 3:45 PM)

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New Rule for Substance Abuse Records: Confidentiality and Disclosures

On January 2, 2018, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued a Final Rule, amending 42 C.F.R Part 2 (“Part 2”), creating new changes to the federal rules governing confidentiality and disclosures of patient substance use disorder (“SUD”) records for the first time since 1987. Part 2 protects the confidentiality of SUD records, which are subset of protected health information (PHI). This means that these records are subject to HIPAA, but are also protected by Part 2, which contains additional (and more stringent) federal protections. These overlapping standards can make the storage and disclosure of patient records administratively burdensome for healthcare providers, patients and their families. It is also a challenge for technology companies that store, analyze, and transmit patient records on behalf of providers and patients.

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What You Need to Know About the Revised Virginia Assisted Living Regulations: STAFFING (Part 1 of 2)

The revised Virginia assisted living regulations go into effect February 1, 2018.  This is the latest summary in Nixon Law Group’s series highlighting key changes under the new regulations.  This summary is the first of two that will focus on some of the new staffing requirements, including qualifications, training, and records.

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How to get paid for Remote Patient Monitoring with CPT Code 99091

Two Final Rules issued by CMS in November 2017 opened up entirely new avenues for reimbursement of Remote Patient Monitoring services in 2018, creating the potential for better patient outcomes and a boost to a medical practice's bottom line.

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What You Need to Know About the Revised Virginia Assisted Living Regulations: Private Duty Personnel and Volunteers

NLG continues its series of posts on certain key changes in the new Virginia assisted living regulations, scheduled to take effect February 1, 2018.  In this installment, we review new requirements for the use of private duty personnel and volunteers.  Keep reading THE LATEST from Nixon Law Group more information on the new ALF regulations and other healthcare happenings!

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What You Need to Know About the Revised Virginia Assisted Living Regulations: Records & Reports

In this third installment of NLG posts summarizing the new Virginia assisted living regulations, we cover notable changes to requirements for Electronic Records and eSignatures, Incident Reporting, and Reports of Abuse, Neglect, or Exploitation.  These regulations are scheduled to take effect February 1, 2018, so keep checking back for THE LATEST from Nixon Law Group! 

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What You Need to Know About the Revised Virginia Assisted Living Regulations: Infection Control

This is the second NLG summary in our series on the revisions to Virginia’s Standards for Licensed Assisted Living Facilities, scheduled to take effect February 1, 2018.  The new regulations include changes to the timing for submitting incident reports, a new section addressing electronic records and electronic signatures, substantial revisions to requirements for infection control programs, and changes to the required content of the Disclosure Statement and admission agreements.  This summary focuses on changes to Infection Control regulations. 

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