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UnitedHealth Group Reinforces Dismissal Arguments in Medicare AI Case Reply Brief

By Digital Health Law Group on September 18, 2024 • ( 0 )

On July 15, 2024, UnitedHealth Group (“UHG”) and its co-defendants filed a reply brief supporting their motion to dismiss a class action lawsuit alleging improper use of artificial intelligence to deny Medicare Advantage claims. Filed in the United States District… Read More ›
HHS Takes Next Step in Promoting Health Data Exchange with HTI-2

By Digital Health Law Group on September 11, 2024 • ( 0 )

On August 5, 2024, the U.S. Department of Health and Human Services (HHS) published the Health Data, Technology, and Interoperability: Patient Engagement, Information Sharing, and Public Health Interoperability (HTI-2) proposed rule to enhance healthcare data interoperability. According to the agency,… Read More ›
Reply Brief Seeks to Bolster Humana’s Defense in Medicare AI Lawsuit

By J.D. Kim, Esq. on September 10, 2024 • ( 0 )

On July 18, 2024, Humana, Inc. (“Humana”) filed a reply brief defending its motion to dismiss a class action lawsuit over its use of artificial intelligence to make Medicare coverage determinations. In the action the plaintiffs are alleging that Humana… Read More ›
HHS Reshapes IT Leadership: Major Reorganization Emphasizes AI, Data, and Cybersecurity

By Digital Health Law Group on September 9, 2024 • ( 0 )

On July 25, 2024, the U.S. Department of Health and Human Services (HHS) announced a reorganization that emphasizes artificial intelligence, cybersecurity, data, and technology. Specifically, this involves moving technology and data policy and strategy functions from the Office of the Assistant Secretary… Read More ›
Government’s Appeal is Dismissed in Case concerning the Use of Online Tracking Technologies by Health Care Providers

By Digital Health Law Group on September 5, 2024 • ( 0 )

On September 4, 2024, the U.S. Court of Appeals for the Fifth Circuit dismissed the federal government’s appeal in the case brought by the American Hospital Association (AHA) concerning the use of third-party online tracking technologies by health care providers… Read More ›
HHS Finalizes Rule Regarding Disincentives for Information Blocking in Healthcare

By Digital Health Law Group on September 4, 2024 • ( 0 )

The U.S. Department of Health and Human Services (HHS) has finalized a rule establishing disincentives for certain health care providers determined to have engaged in information blocking. Effective as of July 31, 2024, the rule implements provisions of the 21st… Read More ›
Cigna Seeks Dismissal of Lawsuit Over Automated Claims Denial System

By Digital Health Law Group on September 3, 2024 • ( 0 )

On August 23, 2024, The Cigna Group and Cigna Health and Life Insurance Company (“Cigna”) filed a motion to dismiss a lawsuit alleging the denial of coverage resulting from its use of an automated system. More specifically, the lawsuit, filed… Read More ›
Online Tracking in Healthcare: Court Sides with Hospitals in Dispute with HHS

By J.D. Kim, Esq. on July 30, 2024 • ( 0 )

On June 20, 2024, the Court issued its judgment in the American Hospital Association (AHA)’s case against the Department of Health and Human Services (HHS) concerning the use of third-party online tracking technologies on unauthenticated, public-facing webpages of healthcare providers…. Read More ›
CHAI Releases Version 0.3 of its Draft Guidance for Ethical AI in Healthcare

By Digital Health Law Group on July 11, 2024 • ( 0 )

On June 26, 2024, the Coalition for Health AI (“CHAI”) released draft v0.3 of their Assurance Standards Guide (“Guide”), which is meant to serve as a “playbook for the development and deployment of AI in healthcare.” It seeks to do… Read More ›
Humana Seeks Dismissal of Medicare Advantage Lawsuit Alleging AI Misuse in Coverage Decisions

By Digital Health Law Group on June 26, 2024 • ( 0 )

On June 6, 2024, Humana Inc. (“Humana”), filed a motion to dismiss the Plaintiffs claims in the matter alleging the misuse of an AI model in post-acute care determinations under Medicare Advantage brought in the U.S. District Court for the… Read More ›

Featured Categories

Cybersecurity ›

HHS Information Security Program Rated ‘Not Effective’ for FY 2024
December 13, 2024
Cybersecurity and HIPAA: NIST’s 2024 Resource Guide for Regulated Entities
May 22, 2024
HHS releases Cybersecurity Performance Goals for the Healthcare and Public Health Sector
May 4, 2024
2024-2030 Federal Health IT Strategic Plan Draft released
April 13, 2024
White House Office of Management and Budget releases Policy Memorandum on use of AI in Federal Agencies
April 9, 2024

TELEHEALTH ›

DEA TELEMEDICINE PRESCRIBING RULES TRACKING
2008 Ryan Haight Online Pharmacy Consumer Protection Act (Ryan Haight Act)
March, 2020 DEA Grants COVID-19 Public Health Emergency (PHE) Exceptions to Ryan Haight Act
3/1/2023 DEA Publishes the General Telemedicine & Buprenorphine Notices of Proposed Rulemaking
5/11/2023 DEA's First Extension of COVID-19 PHE Exceptions Begin, Coinciding with the End of the PHE
September 2023 DEA Holds Public Listening Sessions to Better Inform Rulemaking
11/11/2023 DEA's 2nd Extension of the COVID-19 PHE Exceptions Begins
Fall, 2024 DEA states it is Working to Promulgate new Standards or Safeguards by this Time-frame
12/31/2024 Expiration Date for Second Extension of COVID-19 PHE Exceptions

HOSPITAL PRICE TRANSPARENCY RULE TRACKING (45 CFR 180)
Beginning on 1/1/2024
- Hospitals subject to the Rule must make a good faith effort to ensure that their standard charge information in machine-readable files is true, accurate and complete (45 CFR 180.50(a)(3)(i)).
- Hospitals subject to the Rule must ensure that the public website they select to host their machine-readable file establishes a .txt file and a link in the footer of the website labelled "Price Transparency" that links directly to the publicly available web page that hosts the link to the machine-readable file as further specified in 45 CFR 180.50(d)(6).
Prior to 7/1/2024
- Hospitals subject to the Rule must include all data required by 45 CFR 180.50(b)(1) such as descriptions of each item or service provided by the hospital and gross charge information.
- Prior to this date, required information must be published in a single digital file that is in machine-readable format pursuant to 45 CFR 180.50 (c)(1).
Beginning 7/1/2024
- Hospitals subject to the Rule must affirm in their machine-readable files that they have included all applicable standard charge information and otherwise complied with 45 CFR 180.50(a)(3)(ii).
- Hospitals subject to the Rule must also encode in their machine-readable files all standard charge information required under 45 CFR 180.50(b)(2), such as hospital name, license number, location, and each type of standard charge.
- The machine-readable files of hospitals subject to the Rule must conform to a CMS template layout, data specifications, and data dictionary and hospitals must otherwise comply with 45 CFR 180.50(c)(2).