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Showing 9 posts from October 2013.

The Kentucky Office of Health Policy Wants Your Comments

On October 1, 2013, the Kentucky Office of Health Policy issued a Special Notice stating that the Cabinet for Health and Family Services is accepting written comments in preparation of the filing of the 2014 update to the 2013-2015 State Health Plan. According to the Special Notice, the Cabinet is particularly interested in comments regarding revisions to the State Health Plan in order for it to comply with the Affordable Care Act. Although the State Health Plan is only prepared triennially, it is updated and signed by the Governor annually. More >

An Unlikely Consequence, cont.

On Tuesday, I discussed the recent trend of hospital layoffs of staff, administrative and professional alike, in order to reduce costs despite expectations of an unprecedented number of individuals seeking health care services under the ACA. More >

An Unlikely Consequence

The Affordable Care Act (“ACA”) took a big leap forward this month with the opening of the federally-facilitated and state-operated Exchanges. Here in Kentucky, 70,467 people reportedly participated in pre-screenings to determine qualifications for subsidies, discounts, or programs like Medicaid on the Health Insurance Exchange’s first enrollment day, October 1, 2013. The ACA is eventually expected to provide health coverage to as many as 30 million additional Americans. So, why are hospitals across the nation slashing jobs? More >

Guidance on Mobile Medical Apps

Recently, the U.S. Food and Drug Administration (“FDA”) issued its much-anticipated final guidance for developers of mobile medical applications (“apps”). Apps run on mobile communication devices and can present unique problems not only to consumers, but also to providers who must walk a fine line between meaningful use requirements and HIPAA regulations regarding personal health information (“PHI”). More >

Does the Shutdown “Shut Down” Health Care?

The ongoing partial federal government shutdown that began on October 1, 2013, was initiated in an effort to defund the Affordable Care Act (“ACA”). Now, it seems that the shutdown is affecting everything but the ACA. More >

McBrayer Attorneys Present at NADSA Conference

On October 10, 2013, three McBrayer attorneys spoke at the 2013 National Adult Day Service Association Conference held in Louisville, Kentucky. Lisa English Hinkle, Jaron P. Blandford, and Cynthia L. Effinger presented, " Hot Topics in Employment Law: Social Media; the Intersection of HIPAA and the NLRB; and Everyday Challenges." The seminar discussed several important employment law updates for adult day service providers. You can download a copy of their presentation here: 2013 NADSA Conference. More >

One Week In – Are Kentuckians Kynect-ing?

Everyone, especially those in the health care industry, waited with bated breath to see the nationwide launch of the online health insurance marketplaces on October 1st. The launch was plagued with website malfunctions and connectivity problems in some states, including Kentucky, but programs across the country welcomed people clamoring for a look at America’s new health care options. Proponents of the exchanges say that the glitches and initial setbacks are a good sign – the overwhelming traffic to the websites show that people are actively seeking health care. Health reform opponents see the initial problems as a sign that the exchanges, and health reform generally, are too cumbersome and complicated to implement effectively. More >

The Kentucky Board of Medical Licensure Adopts the Model Policy, cont.

Earlier this week, I began the discussion about the Kentucky Board of Medical Licensure adopting the Model Policy. While the Model Policy serves as a cautionary reminder of the hazards of social media, it also emphasizes the “enormous potential” social media has for both physicians and their patients. As telecommuting grows, electronic health records are implemented, and smart phones find their way into more and more physicians’ hands, it is obvious that shying away from technology is no longer an option. Nor should it be, as the use of social media really does have its benefits: reduced costs, improved physician-to-physician sharing and learning opportunities, the crossing of geographic boundaries, and a way to provide important information to the public. More >

The Kentucky Board of Medical Licensure Adopts the Model Policy

Over the summer, the Kentucky Board of Medical Licensure adopted the Model Policy for the Appropriate Use of Social Media and Social Networking in Medical Practice (“Model Policy”) that was issued by the Federation of State Medical Boards (“FSMB”). FSMB created their policy in 2012 to help medical boards provide guidance and education about issues related to social media. The FSMB Model Policy followed the American Medical Association’s (“AMA”) 2010 “Professionalism in the Use of Social Media” policy. Both incorporate the same principles, but the FSMB offers more concrete examples of conduct that should be avoided in social media activity. More >

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