Health Law

Meet the Co-chairs - TAGLAW

Burkett, Teresa Meinders
Conner & Winters, LLP

Health Law

Contact: Ken Mason; Spencer Fane Britt & Browne LLP (Missouri, USA)

Many employers are concerned that the “market reforms” included in the Affordable Care Act (“ACA”) will lead to an unacceptable increase in the cost of providing health coverage to their employees. In response, some employers have considered moving to an “account balance” approach.  They would simply deposit pre-tax dollars into an account (such as a health reimbursement arrangement, or “HRA”) that each employee could then use to purchase individual health insurance. However, in coordinated guidance issued on September 13, 2013, the three agencies charged with implementing the ACA have slammed the door on this approach.


Read more: Agencies Slam the Door on Pre-Tax Payments for Individual Health Insurance

Contact: Ken Mason; Spencer Fane Britt & Browne LLP (Missouri, USA)

As we approach the January 1, 2014, implementation date for the statewide health insurance Exchanges (or, as the government now calls them, “Marketplaces”), the three agencies charged with implementing the Affordable Care Act (“ACA”) have issued guidance on the ACA’s application to employee assistance programs (“EAPs”). This guidance appears in Q&A-9 of the virtually identical IRS Notice 2013-54 and DOL Technical Release 2013-03. (CMS has joined in this guidance via a one-page concurrence.)  

Read more: Employee Assistance Programs Under the Affordable Care Act

Authors:  Joy Kosiewicz & Isabelle Bibet-Kalinyak; Brouse McDowell (Ohio, USA)

Health care entities now have less than six weeks to comply with the HIPAA Omnibus Rule.  September 23, 2013 is the deadline for full compliance. Included is a useful checklist to assist you in meeting the deadline.

Read more: Countdown to Enforcement! Are You HIPAA-Ready for September 23, 2013?

Contact: Isabelle Bibet-Kalinyak; Brouse McDowell (Akron, Ohio, USA)

As the market for Non-Physician Providers (“NPPs”) such as Nurse Practitioners (“NPs”) and Physician Assistants (“PAs”) heats up, health care employers should assess their needs and consider key practical differences between NPs and PAs prior to jumping into the hiring process.  This article focuses on Ohio and presents an overview of some key considerations in selecting NPPs, including education and training, level of practice autonomy, scope of prescriptive authority (if applicable), salary, payors, and liability. 

Download the entire article. 

Contact: Spencer Fane Britt & Browne LLP (Missouri, USA)

The Department of Health and Human Services (“HHS”) has issued a final rule (the “Final Rule”) modifying the HIPAA Privacy, Security, and Enforcement Rules (the “HIPAA Rules”). The Final Rule incorporates the statutory amendments under the HITECH Act, makes final modifications to the Breach Notification Rule, implements privacy protections for genetic information under GINA, and makes other changes to the HIPAA Rules that are intended to improve their workability and flexibility. The Final Rule is effective on March 26, 2013. Covered entities and business associates will have 180 days after the effective date, or until September 23, 2013, to come into compliance with most of the Final Rule’s provisions.

Read more: HIPAA Changes on the Horizon