Proposed HIPAA Changes: What Providers Need to Know
Changes to HIPAA are be on the way. Providers need to consider these changes to best prepare and implement best practices.
We provide insights and analysis for physicians, nurses, chiropractors, dentists, physical therapists and other health professionals on issues impacting their practices.
Changes to HIPAA are be on the way. Providers need to consider these changes to best prepare and implement best practices.
Providers working for telehealth companies can currently prescribe schedule II-V medications via telehealth by adhering to the federal guidelines below and calling prescriptions into the patient’s pharmacy. This avenue remains open at least until May 11, 2023[1], due to the COVID-19 Public Health Emergency (“PHE”) and the public emergency exception contained within the Ryan Haight Pharmacy Consumer Protection Act of 2008 (“RHA”).[2]
[1] H.R. 382, A bill to terminate the public health emergency declared with respect to COVID-19, STATEMENT OF ADMINISTRATION POLICY, EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET (Jan. 30, 2023), https://www.whitehouse.gov/wp-content/uploads/2023/01/SAP-H.R.-382-H.J.-Res.-7.pdf.
[2] The RHA was intended to stop controlled substances sales through online pharmacies by requiring an in-person examination of any person seeking a prescription for such substances. See 21 U.S.C. § 802, (available at https://www.congress.gov/110/plaws/publ425/PLAW-110publ425.pdf).
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On Tuesday, March 2, 2021, the Missouri Supreme Court in Rhoden v. Missouri Delta Medical Center upheld a Scott County jury’s award of $300,000 in punitive damages. The Court held that the facts in the record met the Plaintiff’s burden of proving “defendant[s] showed a complete indifference to or conscious disregard for the safety of others.”