Entries by Scott Chase

Potential Impact of COVID-19 and Social Justice Issues on Non-Profit Corporate Governance

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The novel coronavirus (COVID-19) pandemic and the resurgence of social justice movements are likely to have lasting repercussions on how non-profit entities approach corporate governance. The very-intense national conversations about the following issues should cause non-profit boards of directors to expect certain traditional governance practices to change in response to the lessons and experiences gained […]

The HIPAA-Potamus in the Room: HIPAA During the COVID-19 Pandemic

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In light of the novel COVID-19 pandemic, it is now more important than ever to make sure you are complying with patient privacy matters. HIPAA, HITECH, and state laws all impact the responsibilities of health care providers and their business associates regarding the treatment and disclosure of confidential medical and health records. The HIPAA Security […]

Telemedicine/Telehealth: Update on Regulatory Issues

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This article was originally printed in Dallas County Medical Society’s Dallas Medical Journal, November 2019. This article will focus on updates to regulatory issues that could impact a physician’s practice of telemedicine or any other provider’s practice of telehealth. The terms ‘telemedicine’ and ‘telehealth’ are often used interchangeably, but there is a growing difference. Telemedicine […]

2019 Update on Balance Billing and Texas Health Insurance Law

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This article updates the prior article, “Balance billing and Texas healthcare law.” “Balance billing” occurs when doctors, hospitals, or other health care providers who are not contracted with a patient’s health maintenance organization (HMO) or preferred provider benefit plan (PPO) bill the patient for the difference between the amount the health plan pays and the […]

The Revised AdvaMed Code of Ethics on Commercial Interactions with U.S. Health Care Professionals

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Advanced Medical Technology Association (AdvaMed) is a trade association for companies producing medical devices, diagnostic products, and health information systems. Relationships between AdvaMed member companies and Health Care Professionals (HCPs) are vital to the development of medical technologies, their safe and effective use, and medical research and education. However, these relationships can also create risk […]

The Physician Payments Sunshine Act

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The Physician Payments Sunshine Act (“PPSA”) requires medical product manufacturers of drugs, devices, biologics, and medical supplies covered by Medicare, Medicaid, or the Children’s Health Insurance Program to annually disclose to the Centers for Medicare and Medicaid Services (“CMS”) any payments or transfers of value made to physicians or teaching hospitals. The PPSA is designed […]

How the EU’s New Privacy Law Affects You

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The General Data Protection Regulation (GDPR) The General Data Protection Regulation (GDPR) is the European Union’s (EU) new privacy law set to go into effect on May 25, 2018. For the EU’s single market countries, the GDPR establishes protection for the privacy and security of an individuals’ personal data. However, because of extraterritorial jurisdiction, United […]

The 5 Most Important Decisions in a Physician Employment Agreement

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Over the years, physician employment agreements have become very standardized. However, there are several provisions in such agreements that the to-be-employed physician must review carefully with his/her attorney. The following is a brief summary of what I consider to be the 5 most important provisions for a physician to understand and negotiate with the employer. […]

$2.5M Settlement Shows that not Understanding HIPAA requirements Creates Financial Risk

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The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), recently announced a Health Insurance Portability and Accountability Act (HIPAA) settlement based on the impermissible disclosure of unsecured electronic protected health information (ePHI).  In 2012, CardioNet, a company that remotely monitors patients at risk for cardiac arrhythmias, reported to the HHS Office […]

What is the Status of ObamaCare, and Why Should I Care?

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Regardless of your position on the Affordable Care Act, otherwise known as ObamaCare (“ACA”), you should neither panic nor rejoice just yet over the actions and inactions of the United States government regarding this healthcare insurance law. You have probably read about the various options, i.e., “repeal and replace,” “repeal and delay,” or simply “repeal” […]

Balance Billing and Texas Healthcare Law

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Balance billing occurs when doctors, hospitals, or other health care providers who are not contracted with a patient’s HMO or preferred provider benefit plan (PPO) bill the patient for the difference between the amount the health plan pays and the amount the provider believes to be the adequate cost of a service. For example, a […]

What is the Stark Law?

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Federal Stark law applies alongside anti-kickback law to create strict civil penalties for any physician who makes a “self-referral.” Specifically, the law bars a physician from referring a Medicare or Medicaid patient to receive any designated health care service from any person or entity with which the physician has a financial relationship. This relationship could […]

What is HIPAA?

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HIPAA, HITECH, and state laws all impact the responsibilities of health care providers and their business associates regarding the treatment and disclosure of confidential medical and health records. The HIPAA Security Rule, in particular, requires that covered entities must keep electronically-stored protected health information in a manner that maintains the records’ confidentiality, integrity, and availability. […]

Corporate Practice of Medicine

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Texas law generally prohibits the practice of medicine by any corporation, entity, or non-physician individual.  The “corporate practice of medicine” doctrine forbids a physician from entering into an agreement with a non-physician under which the non-physician would in any way control the physician’s medical practice.  Based on this doctrine, non-physician individuals and entities generally cannot […]

$150,000 Penalty for HIPAA Violation

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The U.S. Department of Health and Human Services, Office for Civil Rights (HHS-OCR), has recently entered into another HIPAA settlement, emphasizing yet again the government’s focus on the HIPAA Security Rule. The settlement highlights that health care entities cannot merely adopt HIPAA policies but that they must actually implement and follow those policies in practice […]