Health Law Advisor

by Pamela Tyner

They say that everything is bigger in Texas, and the Lone Star State’s new privacy protection laws are no exception. Texas House Bill 300 (“HB 300″) amends the Texas Medical Records Privacy Act (“Texas Act”) and takes effect on September 1, 2012. HB 300 significantly expands patient privacy protections for Texas covered entities beyond those federal requirements as outlined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act.

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I’m sure most of you know about BYOB, but do you know about BYOD (Bring Your Own Device).  This is the term used when a company chooses to forgo issuing company-owned mobile computing devices (think smartphones and tablets), and encourages its employees to use their own personal mobile devices for business purposes.  And in the healthcare context, BYOD has important implications.

For better or for worse, many companies have opted to institute a BYOD policy for a number of reasons.  Here are just a few rationales for BYOD:

• Employees likely already have a smartphone or tablet or both.

They say that everything is bigger in Texas, and the Lone Star State’s new privacy protection laws are no exception.  Texas House Bill 300 ("HB 300") amends the Texas Medical Records Privacy Act ("Texas Act") and takes effect on September 1, 2012.  HB 300 significantly expands patient privacy protections for Texas covered entities beyond those federal requirements as outlined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health ("HITECH") Act by:

•revising the definition of a ...

Increasingly, state antitrust enforcement authorities are taking an interest in and/or becoming involved in the review of hospital transactions. While parties often focus on the review process at the Federal Trade Commission (FTC), careful planning will take into account the fact that the State antitrust authorities may become involved as well. Among other things, it is common for FTC staff to coordinate a review of a transaction with State officials. 

A State's antitrust division falls under the authority of the State Attorney General. The State AG's office often has interests ...

Written by: Kara M. Maciel and Adam C. Solander

While some employers may have been disappointed with the U.S. Supreme Court’s recent decision affirming the constitutionality of the Patient Protection and Affordable Care Act (“PPACA”), there may be a silver lining to the seemingly dark cloud.  By virtue of upholding PPACA, the Supreme Court also upheld Section 2705 of PPACA, the provision of the law that will allow employers to provide their employees incentives, up to 30 percent of their premiums, in return for participation in an employer-sponsored wellness program.  ...

Dale C. Van Demark

Recent reports suggest the telemedicine industry will grow rapidly and broadly in the next few years. Patient surveys seem to lend support to these suggestions as the surveys suggest that around the world people are ready and able to adopt more telemedicine solutions

At the same time, there is a great deal of uncertainty here in the United States about the future. With the Supreme Court upholding the constitutionality of the Affordable Care Act, eyes are now turned to the many reforms that appear in the ACA - accountable care and payment reform; health insurance ...

A two-part video featuring Paul Rosenberg and Evan Rosen

The past year has seen a radical transformation of the rules and laws governing labor relations. The National Labor Relations Board (NLRB), through both its rule-making and decision-making powers, has made a series of changes with one thing in common–labor unions will find it easier to organize employees and achieve their expansion goals. To help employers understand these new changes by the NLRB and how they affect them, the national law firm of Epstein Becker Green, through its Health Employment And Labor (HEAL) Group, has ...

Stuart Gerson, a Member of the Firm in the Litigation and Health Care and Life Sciences practices at Epstein Becker Green, authored an article titled "The Supreme Court Has Decided, but Can America Afford the Affordable Care Act?"

Following is an excerpt:

By now, every American who pays any attention to the news is aware that on the last day of its now concluded term, the U.S. Supreme Court, with its June 28 decision in National Federation of Independent Business v. Sebelius, U.S., No. 11-393, 6/28/12, has upheld essentially all of the Obama Administration's Affordable Care Act (ACA ...

 A significant yet little-noticed trend is underway. And its effects could be far-reaching.  A growing number of states are enacting so-called telehealth parity statutes. These laws generally require health insurers to pay for services provided via telehealth the same way they would for services provided in-person. Almost a third of all states have enacted these statutes, and I predict more states will be jumping on the bandwagon. Telehealth is indeed going mainstream.

Maryland became one of the latest states to jump on the bandwagon when the state’s governor signed a telehealth ...

While I may be stating the obvious, hospitals and health systems are complex creatures that frequently drive local economies, culture and population health status (among other things).  Accordingly, when considering a potential change of control transaction, it is critical that you examine what drives your organization and what [in the community] your organization drives.  In particular, the latter is frequently overlooked in these circumstances.

What Drives Your Organization (Your Mission)

So, how do you begin to identify your organization's priorities?  I recommend ...