The Eagle Has Landed: Mel Soliz & Katherine Hyde Provide Insights on How the CARES Act Final Rule is Changing 42 CFR Part 2 Compliance in Newest Brief

The CARES Act Final Rule changes to 42 CFR Part 2 (Part 2) is effective today, April 16. On Feb. 16, 2024, the Department of Health and Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Office for Civil Rights (OCR), published the final rule modifying 42 CFR Part 2 to implement Section 3221 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (the “CARES Act Final Rule”). The compliance deadline is Feb. 16, 2026, but early voluntary compliance any time after the April 16 effective date is permitted. In the newest Coppersmith Brief, Attorneys Mel Soliz and Katherine Hyde summarize the most significant Part 2 rule changes and put those changes into context for health care providers, health...

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New OCR Guidance on Online Tracking Offers Little Relief: Kristen Rosati & Erin Dunlap Share Tips for Healthcare Organizations Navigating Legal Risks

It’s no secret that the use of Meta Pixels and other online tracking opens organizations up to legal risk, especially in the health care industry. Despite ongoing litigation against the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR), OCR did not significantly modify its online tracking guidance, and there is no immediate regulatory relief in sight for the health care industry. In the latest Coppersmith Brief, Kristen Rosati and Erin Dunlap outline the significant regulatory, litigation and financial risks faced by health care entities when using online tracking. They also explain three modifications to OCR’s guidance, regarding whether IP addresses are PHI, the use of Customer Data Platforms, and the need to consider online tracking in the security risk analysis and...

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IBR Enforcement is Here: Melissa Soliz and Ben Yeager Provide Insights into Enforcement Rules in Newest Brief

Are you ready for IBR enforcement? In the latest Coppersmith Brief, Mel Soliz and Ben Yeager lay out the information blocking enforcement landscape for health care providers under the Proposed HHS Disincentives Rule and for health IT developers and HIN/HIEs under the Final OIG CMP Rule.   The Brief outlines two key rule changes:  The Office of the Inspector General finalized the OIG CMP Rule & began enforcement against health IT developers and health information networks/exchanges. Those who have committed information blocking face penalties up to $1 million per violation. The new HHS Disincentives regulation proposal outlines penalties for healthcare providers who have committed information blocking. If participating in certain Medicare programs, providers could face disincentives.  Those not participating have delayed enforcement pending further rule making....

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