Health Care Blog

Our firm regularly publishes updates and alerts on developing trends and emerging issues in the health care field, with a special emphasis on matters regarding health information technology.


Adult Dependent Limits Revised - June 9, 2010
A new Ohio law spearheaded by Governor Ted Strickland will take effect on July 1 requiring insurance companies to offer Ohio policyholders the option to add or keep unmarried children on their insurance policies up to age 28 for an additional fee.  The Governor issued an executive order last week requiring carriers to provide parents with specific information about the availability of this coverage to help them make a decision whether to keep or add a child to their plan.

The law, part of House Bill 1, requires Ohio health insurance companies to cover adult dependents up to age 28 beginning July 1, 2010. Previously, only dependents up to age 19, or up to 23 years old if they remained in school, were eligible to receive coverage under their parents' policies.

Review the Governor's executive order


Legal Update - June 8, 2010
On June 3, 2010, the Department of Health and Human Services ("HHS") announced $83.9 million in grants to help advance the adoption of EHR systems. The funds are part of $2 billion in  ARRA funding to HHS’ Health Resources and Services Administration (HRSA) and are intended to expand health care services to low-income and uninsured populations.

The contracts were awarded to 45 organizations to help Health Center Controlled Networks (HCCNs) implement EHRs. According to HHS, eligible professionals practicing in the centers who are able to demonstrate meaningful use of certified EHR technology could be eligible for incentive payments provided under Medicaid and Medicare.  Read the HHS press release.


Legal Update - May 25, 2010
The Ohio Health Information Partnership (“OHIP”), which is the state-designated entity responsible for managing the implementation of health information technology in Ohio,  has announced its regional extension center partners.  The regional extension centers or (“RECs”) will provide assessments for local doctors in their area and provide help in selecting an electronic health records system.  The REC partners are:

  • Case Western Reserve University
  • Central Ohio Health Information Exchange
  • Greater Dayton Area Health Information Network
  • Hospital Council of Northwest Ohio
  • Northeast Ohio HealthForce
  • Ohio University

Legal Update - May 24, 2010
Major provisions of the Patient Protection and Affordable Care Act (“PPACA”) do not take affect for several years, but as with the earlier HITECH Act, some provisions of new law take almost immediate effect. Beginning in 2011, Section 2718 of the Public Health Service Act, as established by the PPACA, institutes medical loss ratios (“MLR”) for health insurers. Group providers must spend a minimum of 80% of claims revenue on claims or activities that improve health care quality. Individual providers must spend a minimum of 75%. Currently, the National Association of Insurance Commissioners (“NAIC”) is working on definitions and standardized methodologies for establishing the MLR. The NAIC is likely to issue its guidance in June 2010.  The guidance provided by the NAIC must be certified by the Department of Health and Human Services. The MLR will take effect in January 2012.


Legal Update - April 19, 2010
On April 15, 2010, Representative Patrick Kennedy, (D-RI) and Representative Tim Murphy, (R-PA) introduced the Health Information Technology Extension for Behavioral Health Services Act of 2010. The new legislation would extend meaningful use incentives for use of electronic medical records in the behavioral and mental setting. The legislation would also extend the incentives to professionals working in the behavioral, mental health and substance abuse areas. A copy of the press release announcing the legislation can be found here.


Legal Update - April 6, 2010
The Department of Health and Human Services ("HHS") announced an additional $267 million in American Recovery and Reinvestment Act ("ARRA") funding for the establishment of additional health information technology regional extension centers. The funding will be provided to 28 additional nonprofit organizations in order to help grow the emerging health information technology industry.  A link to the HHS press release announcing the funding can be found here.


Legal Update - March 23, 2010
Thirteen states’ Attorneys General announced lawsuits challenging the constitutionality of the federal health care reform bill. The bipartisan legal challenge claims that the new law infringes upon Americans' constitutionally-protected individual liberties; encroaches upon the states' constitutionally-guaranteed sovereignty; forces states to spend billions of additional dollars on entitlement programs; and imposes an unconstitutional tax. The lawsuit also claims the new law violates the Tenth Amendment of the United States Constitution. View a copy of the press release and lawsuit.


Legal Update - March 23, 2010
There has already been a move made to repeal the health care reform bill before it has been signed by President Obama. Representative Steve King (R-IA) has introduced a bill to repeal the health care reform bill in its entirety.  It is unlikely that the bill will gain any traction in the House. A copy of the bill is attached here.


Legal Update - March 22, 2010
On March 22, 2010, at approximately 10:48 pm, the House of Representatives passed the Senate health care reform bill by a vote of 219-211. The Senate health care reform bill will be forwarded directly to President Obama for signature on Tuesday, March 23, 2010.  
 
H.R. 4872, a bill which makes changes to the original Senate bill was also passed by the House. Using the process of reconciliation, H.R. 4872 will be forwarded to the Senate for consideration. If passed by the Senate without revision, H.R. 4872 will then be sent to the President for signature at a later date.  If the bill is revised, it will be sent back to the House for another vote.
 
According to Congressional Budget Office figures, the health care reform bill is expected to reduce the federal budget deficit by $138 billion dollars over the next ten years. A summary of the bill can be found here.


Legal Update - March 4, 2010
Ohio has been awarded two grants from federal stimulus funds to help establish health information exchange and encourage adoption of electronic medical records here in Ohio. OHIP, the Ohio Health Information Partnership, the public-private partnership designated in September of 2009 by the Strickland Administration to lead the implementation of health information technology was awarded approximately $43.3 million dollars in funding from the HITECH Act. $14.8 million dollars will be used to facilitate health information exchange, with the remaining $28.5 million dollars being used to facilitate the adoption of electronic medical records through the creation of regional extension centers. OHIP is a non-profit board with members including BioOHIO, the Ohio hospital Association, the Ohio Osteopathic Association and state government.