DEA Extends COVID Telehealth Controlled Substance Prescribing Flexibilities For a Third Time

Last October, the Drug Enforcement Agency (DEA) and the Department of Health and Human Services (HHS) extended the COVID-era telehealth controlled substance prescribing flexibilities through December 31, 2024.  They planned to introduce new standards by this fall.  But the agencies need more time to consider all the feedback they have received and, on November 19, […]

HHS Releases Model Attestation Tied to New Reproductive Health Information Protections

Late last week, the Department of Health and Human Services (HHS) released its Model Attestation for use as required under its new final rule for the protection of reproductive health information.  I explain the attestation requirement in section D of my blog post on the final rule. On June 18, 2024, I shared my sample […]

The Pixel Problem Part 3: Less of a Problem After Court Vacates HHS’s Overbroad Action

In Parts 1 and 2 in this series on the Pixel Problem, I review the original and revised guidance from the Department of Health and Human Services (HHS) on the Use of Tracking Technologies by HIPAA Covered Entities and Business Associates.  I noted that HHS’s guidance, even as revised, went too far in determining what […]

The Final Rule: Protection of Reproductive Health Information under HIPAA

On April 26, 2024, just one year after issuing its proposed rule, the Department of Health and Human Services (HHS) finalized changes to the HIPAA Privacy Rule on the protection of reproductive health information (Final Rule).  In 91 pages of tiny font in the Federal Register, HHS addressed the 25,000 comments it received and ultimately […]

Connecticut’s Revised Telehealth Law

During the final hours of the Connecticut legislative session, the state Senate passed House Bill 5198, solidifying changes to the state’s telehealth law, sending the bill to the Governor for signature. This bill adopts some of the temporary pandemic-era changes to the telehealth law, such as permitting audio-only telehealth and prohibiting insurers from paying less […]

Connie: Important Changes to CT’s Law are Coming!

Within the last week, both chambers of the Connecticut Legislature passed Senate Bill 1, which includes provisions revising the law governing the Statewide Health Information Exchange known as Connie (sections 21-24).  Once the Governor signs the bill, it will take effect on July 1, 2024. In summary, the bill makes clear that healthcare providers are […]

The Pixel Problem Part 2: Tracking Technologies and OCR’s Revised Guidance

In December 2022, the Department of Health and Human Services’ Office for Civil Rights (OCR) released “guidance” on the use of tracking technologies, which took an overboard approach to the use of basic website analytics tools (2022 Guidance).  Courts criticized OCR’s 2022 Guidance, and last fall, the American Hospital Association sued OCR, alleging agency overreach. […]

Part III: Changes to 42 CFR Part 2 –Enforcement Like Never Before

Buckle up.  The 42 CFR Part 2 enforcement ride is about to begin.  In the 2020 CARES Act, Congress directed that the civil and criminal penalties under the Health Insurance Portability and Accountability Act (HIPAA) apply to the federal regulations protecting substance use disorder (SUD) records. The Department of Health and Human Services (HHS) issued […]

Part II: Changes to 42 CFR Part 2 – Alignment with HIPAA

As discussed in Part I of this series, Congress amended the federal law protecting the confidentiality of substance use disorder (SUD) records as part of the 2020 CARES Act and directed the Department of Health and Human Services (HHS) to revise the related regulations at 42 CFR Part 2.  Congress’s goal was to align the […]