In what seems like almost a regular cadence now, the Office of the Inspector General and Assistant Secretary for Technology Policy (“ASTP”) have announced a crackdown on information blocking nearly nine years after the passage of the 21st Century Cures Act in 2016. I say this is like a cadence because, like I told my … Continue reading Data Blocking Investigations Are Coming.
A company called CureIS has come out of the gates swinging at Epic Systems, the market leader in electronic medical record systems, in a federal complaint filed in the Northern District of California. Like in PointClickCare v. Real Time Benefits, the attorneys are taking the standards set out in the 21st Century Cures Act and … Continue reading Information Blocking: The Tortious Interference Edition
On January 31, 2025, President Trump issued Executive Order 14192 "Unleashing Prosperity Through Deregulation." It states that it is the Administration's policy to reduce how much it costs to comply with Federal regulations, and "to secure America’s economic prosperity and national security and the highest possible quality of life for each citizen." CMS is seeking … Continue reading Can CMS Unleash Prosperity Through Deregulation?
With the Inpatient Prospective Payment System for 2026 proposed, we now have a view of how HHS intends to administer the “meaningful use” program for hospitals in 2026. In short, most hospitals that do not demonstrate meaningful use of their EMRs will be subject to a 1% penalty on their Medicare revenues. The proposed rule … Continue reading Meaningful Use for Hospitals (CY 2026 Proposed Rule)
In a prior post, I wrote about how Secretary Kennedy revoked the Richardson waiver. It stated that “[e]ffective immediately, the Richardson Waiver is rescinded and is no longer the policy of the Department. In accordance with the APA, “matters relating to agency management or personnel or to public property, loans, grants, benefits, or contracts,” are … Continue reading Fee Schedules Begin to Drop
In my prior post, I promised that I would offer a draft Part 2 order that complies with the regulation's requirements for an investigator looking into fraud. The actual attachment has a few additional notes for law enforcement as comments, but the substance of that sample order follows below. IN THE MATTER OF: APPLICATION FOR … Continue reading A Sample Part 2 Order
In a prior post, I mentioned that fraud, waste, and abuse enforcement is likely to uptick and that vendors should get ready to be responsive to subpoenas and warrants for data exports of their customers’ records, particularly in response to billing fraud. Since then, Attorney General Pam Bondi has continued to drive home the point … Continue reading Part 2 of Responding to Subpoenas for Billing Fraud
The Fourth Circuit of Appeals recently ruled that violations of the 21st Century Cures Act’s prohibition against information blocking may form the basis for tort claims under state laws, specifically in this case, Maryland’s unfair competition laws. Here, an applications developer, Real Time, was allegedly blocked from accessing PointClickCare’s electronic medical record system visa-vi a … Continue reading A Private Right to Action for Information Blocking? Not Quite, But Almost.
The Trump administration has repeatedly made it clear that fraud, waste, and abuse will be targets under the new administration, and healthcare is feeling the heat. This administration has signaled a robust approach to enforcing the False Claims Act, with a continued priority focus on coding and violations of the Anti-kickback Statute. It will also … Continue reading Responding to Subpoenas, Warrants, and Other Process for PHI
Acting Assistant Secretary Steve Posnack, MS, MHS The Department of Health and Human Services not only has its Secretary, but there is even an Acting Assistant Secretary for Technology Policy (“ASTP”)/Office of the National Coordinator for Health Information Technology. Steve Posnack, MS, MHS, is the ASTP's acting Assistant Secretary until the White House advances a … Continue reading A New Acting Assistant Secretary at ASTP/ONC
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