Last week, the Hollywood Presbyterian Medical Center was able to successfully negotiate the release of a collection of system resources and data files that had been encrypted and held hostage by ransomware attackers. Ransomware is a peculiar type of malware that is not designed or intended to steal personal or confidential information. Rather, ransomware is built to exploit the inherent value assigned to data security and control, by taking it away from the user. It does this by combing for critical system files and potentially valuable user data (word documents, excel spreadsheets, pdf files, outlook messages, and the like). As these target files are identified, a strong encryption algorithm is applied to prevent infected computer systems from properly functioning while inhibiting bewildered users from accessing their own files, unless and until the attackers are paid to provide the decryption key.
February 2016
Physician-assisted dying part 4: Patient perspectives
The right to determine what should be done with one’s own body is a fundamental right in our society. In Carter v. Canada (Attorney General), 2015 SCC 5, the Supreme Court of Canada confirmed that, for a competent adult suffering…
CMS proposes program integrity enhancements to provider enrollment
The Centers for Medicare and Medicaid Services (CMS) has issued a proposed rule implementing additional provisions of the Affordable Care Act designed to ensure that questionable providers and suppliers are kept out of or removed from the Medicare program. If…
OMHA Medicare Appellant Forum outlines initiatives for streamlining the hearing and settlement process for providers
On February 25, 2016, the Office of Medicare Hearings and Appeals (OMHA) hosted a Medicare Appellant Forum for Part A and B providers and durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) suppliers with important updates on management of the…
The Joint Commission issues guidance for providers on how to manage patients at risk for suicide
On February 24, 2016, The Joint Commission (TJC) issued a Sentinel Event Alert with guidance for detecting and treating suicide ideation applicable to all health care settings. Because providers often fail to detect suicidal thoughts in their patients at the…
CMS increases Medicare enrollment screening for providers and suppliers
On February 22, the Centers for Medicare and Medicaid Services (CMS) announced its intention to further enhance CMS’s ability to screen providers and suppliers enrolling or currently enrolled in Medicare for compliance with Medicare enrollment requirements. Specifically, CMS will strengthen existing screening measures by increasing the number of site visits to Medicare enrolled providers and suppliers, enhancing address verification software in CMS’s Provider Enrollment Chain and Ownership System (PECOS), analyzing enrollment data to identify and deactivate certain providers who have not billed Medicare within the last 13 months, and monitoring and identifying potentially invalid addresses contained in initial enrollment applications.
Physician-assisted dying part 3: Finding a balance between autonomy and access
“Health institutions, including regional health authorities and other institutional providers (e.g. hospitals, hospices and long-term care facilities) are critical enablers of effective and equitable access to physician-assisted dying.”
Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying,
Final Report, November 30, 2015,…
The debate over the appropriate use of ‘natural’ in food labelling continues…
Food labelling has long been a vexed question in many countries for governments, consumers, food producers and retailers alike. In Australia, the regulation of food labelling was substantially overhauled by the Food Standards Australia New Zealand (FSANZ) Code in 2013, with the 3 year phase in period for these changes recently ending. The difficulty that has been felt in applying the Code is clear from the considerable debate over the changes and their application, as well as the various calls for an extension to the 3 year transition period. Importantly, although the Code covers nutritional and health claims, it does not extend to regulation of the terms such as ‘natural’ in food labelling.
CMS issues anticipated Medicare overpayments final rule; relaxes initial proposals
On February 11, 2016, CMS issued a final rule clarifying the requirement of § 1128J(d) of the Social Security Act (created by § 6402(d) of the Affordable Care Act) that health care providers must report and return overpayments within 60…
CMS publishes final rule addressing the reporting and returning of self-identified overpayments; detailed post to follow
This morning the Centers for Medicare and Medicaid Services issued a final rule that addresses the obligation of health care providers and suppliers to report and return overpayments by the later of 60 days from the date an overpayment is…