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Articles Posted in Health Law

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Your AI Scribe Is Listening. Is Your Compliance Program?

Ambient AI scribes are transforming healthcare at a speed the industry hasn’t seen since the EHR mandate. Kaiser Permanente reports that AI scribes saved its physicians the equivalent of 1,794 working days in a single year across 2.5 million patient encounters, with 84% of physicians reporting improved patient interactions. Spending…

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Your AI Chatbot Is Not Your Lawyer — And a Federal Court Just Made That Official

You’re under investigation. An audit letter lands. A whistleblower files a complaint. Before you pick up the phone to call your attorney, you do what millions of people now do instinctively: you open ChatGPT, or Claude, or Gemini, and start typing. “What are the penalties for an Anti-Kickback violation?” “Can…

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OCR Launches Civil Enforcement for 42 CFR Part 2 (SUD Records): What Covered Entities and “Part 2 Adjacent” Organizations Should Do Now

On February 13, 2026, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a new civil enforcement program for the confidentiality of substance use disorder (“SUD”) patient records under 42 CFR Part 2 (“Part 2”). The program’s start date is February 16, 2026—and OCR…

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HHS DELEGATES ENFORCEMENT OF SUBSTANCE USE DISORDER CONFIDENTIALITY RULES TO OCR

On August 26, 2025, U.S. Dept. of Health and Human Services (“HHS”) Secretary Robert F. Kennedy, Jr. announced a significant shift in enforcement authority for the confidentiality of substance use disorder (“SUD”) patient records regulations under 42 CFR Part 2 (“Part 2”). The delegation empowers the Office for Civil Rights…

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New York State Dept. of Health Issues Guidance on Recently Amended Consumer Protection Laws and Postpones New Requirements for Patient Consent Forms

On April 20, 2024, New York State approved several updates to its consumer protection laws, including enactment of Public Health Law § 18-C. Section 18-C provides new requirements for patient consent for treatment and payment of medical services. The updates (discussed further below) went into effect on October 20, 2024.…

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OIG Releases New Industry-Specific Compliance Program Guidance for Nursing Facilities

On November 20, 2024, the Office of Inspector General (OIG) released its updated Industry-Specific Compliance Program Guidance (ICPG) for nursing facilities, marking an important step in its broader compliance initiative. This guidance builds upon and updates the 2000 Compliance Program Guidance (CPG) and the 2008 Supplemental Compliance Program Guidance (Supplemental…

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Newly Released FTC Health Breach Notification Rule: A Guide for Non-HIPAA Health Apps and Technologies

As healthcare regulatory attorneys, we’ve seen firsthand the confusion and challenges that arise when health-related entities fall outside the purview of the Health Insurance Portability and Accountability Act (HIPAA). One crucial, newly released, regulation that often gets overlooked is the Federal Trade Commission’s (FTC) Health Breach Notification Rule (HBN Rule).…

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No Surprises Act Final Rule Published

In July 2021, the U.S. Departments of Health and Human Services, Labor, and the Treasury (the Departments) released an interim final rule, “Requirements Related to Surprise Billing, Part I” (Part I IFR).  In October 2021, the Departments released a second interim final rule, “Requirements Related to Surprise Billing, Part II”…

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New York becomes 25th State to grant Nurse Practitioners Full Practice Authority

On April 11th, 2022, New York became one of 25 U.S. states to grant permanent full practice authority to Nurse Practitioners (NP). The 2022 State of the State proposal additionally allows NPs with more than 3,600 hours of experience to practice without a contractual practice-agreement relationship with a doctor. With…

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Rise in HIPAA Class Action Suits: Partnership HealthPlan of California

HIPAA itself does not contain a private right of action for individuals following unauthorized disclosures of medical information. Yet, HIPAA does not prohibit individuals from seeking remedies through state or other law. Each U.S. state’s tort law system can potentially allow individuals to pursue reparations when they are harmed by…