News from the Health Law Gurus™: Week of November 9, 2014

November 13, 2014 | By Lawrence J. Tabas

News from the Health Law Gurus™ is a weekly summary of notable health law news from around the country with helpful links to related content. Check back every week for the latest health law news stories.

HIPAA in the Time of EbolaEbola has recently been the source of much concern, and health care providers and hospitals are taking steps to prepare themselves for the possibility of treating patients with Ebola. In addition to all of the medical preparations underway, covered entities and business associates must also continue to be aware of the protections in place that limit the uses and disclosures of a patient’s protected health information (“PHI”), even in an emergency situation. The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”), recently released a bulletin to provide guidance to covered entities and business associates about the ways in which PHI may be shared in an emergency under the HIPAA Privacy Rule. As the OCR emphasizes in its bulletin, the “protections of the Privacy Rule are not set aside during an emergency.” To read our full blog post, click here.  

U.S. Supreme Court to Review Affordable Care Act’s Tax Subsidies – The U.S. Supreme Court has decided to review a hotly contested issue regarding the provision of tax subsidies to those who are purchasing health insurance on the federal exchange. Challengers argue that the tax subsidies should only be available to those who purchase health insurance on a state exchange, not a federal exchange. The Supreme Court’s decision to review the tax subsidy issue comes only a few days before the second round of Marketplace health insurance open enrollment begins. For more information about the tax subsidy issue, see the following Wall Street Journal article here.

ACA Open Enrollment for 2015 Coverage Opens Saturday, November 15 – Open enrollment for 2015 health insurance coverage begins this Saturday, November 15. This means that this weekend, consumers will be able to visit HealthCare.gov to select and enroll in a health insurance plan, which will provide health insurance coverage beginning in 2015. If consumers enroll by December 15, 2014, they will receive coverage beginning January 1, 2015. February 15, 2015 is the last day to enroll in a health insurance plan for 2015 coverage. Visit HealthCare.gov for more information.

About the Authors

Lawrence J. Tabas

Partner

Lawrence is the Chair for Obermayer’s Health Care Law Department and Election Law Practice Group. Lawrence’s Health Care Law legal experience includes the representation of physician group practices (single and multi-specialty), hospitals,...

Read More by Author