As you probably know, the Department of Health and Human Services has issued its final non-discrimination rule for the Affordable Care Act (see, 45 C.F.R. Part 92, effective June 18, 2016). The final rule has generated a lot of discussion, […]

Any time information is transmitted, there is a risk that it will be seen by someone who is not supposed to see it. That risk seems like it is even greater when the information is transmitted electronically. News reports and […]

Telemedicine—using electronic communications to exchange medical information—is growing in popularity. It is convenient for both the patient and the provider, and it delivers good outcomes. Telemedicine is also less expensive than caring for patients solely by means of in-person consultations. […]

Telemedicine, or telehealth, is a topic that is getting a lot of discussion in the health care field. As with many topics in any field that get a “lot of discussion,” there can be misunderstanding about what the term really […]

The rights of transgendered people have received a lot of media coverage in recent months. Despite a growing social acceptance, many transgendered people report unfair treatment by health care providers. This mistreatment includes denials of coverage, as well as harassment […]

Recently, we discussed a possibility of compromise in a court challenge to the contraception mandate in the Affordable Care Act. The case, Zubik v. Burwell (commonly known as the “Little Sisters of the Poor” case), is based on the argument […]

On April 21, the Department of Health and Human Services’ Office of Civil Rights announced a resolution with New York Presbyterian Hospital regarding HIPAA privacy violations. The violations took place when the personal health information of two patients was disclosed […]

One of the most controversial parts of the Patient Protection and Affordable Care Act (ACA) has been the requirement that contraceptive services be covered by health plans. In 2014, the Supreme Court held that an employer that opposes contraception for […]

Compliance decisions are driven by a number of factors. One is the need to avoid enforcement actions by state or federal regulators. Another is a fear of private lawsuits. Any lawsuit is trouble for a company. Even a frivolous or […]

Americans hear a lot about prescription medications. Since the mid-1980s, when direct-to-consumer advertising of prescription drugs first started, advertisements that tell us to ask our doctors “if [name of medication] is right for you” have become a staple of television. […]