Arbitration Rules

Update - CMS recently released a proposed rule regarding long-term care facilities that would, among other things, place new restrictions on mandatory binding arbitration agreements in those settings. PIAA issued a formal comment letter opposed to the banning of such agreements by CMS, and opposed to any regulatory intervention on the issue of arbitration unless and until Congress takes appropriate action on this matter.

HIPAA Rules

Final HIPAA rules were released in January 2013 and became effective on March 26, 2013. Compliance has been required since September 23, 2013.

 HIPAA Guide Supplemental (2013)

Medicare Mandatory Reporting Requirement

Update — CMS has begun issuing proposals to alter the reporting requirement based on the enactment of the Strengthening Medicare and Repaying Taxpayers (SMART). The first three proposals include: 1) development of secure website that would allow insurers to view a Medicare beneficiary’s payment information (if so authorized by the beneficiary); 2) refining of penalties under the reporting requirement to reflect that they are no longer mandatory; and, 3) implementing an appeals process for situations where Medicare claims they are owed funds an insurer.

Federal Insurance Office

Update — The FIO finally released its much anticipated report on the future of the insurance regulatory system in December 2013. PIAA will closely monitor FIO activities regarding the implementation of any aspect of the report.

National Practictioner Data Bank

Update — PIAA's submitted formal comments to the NPDB on its new, draft Guidebook. In addition, PIAA participated in the semi-annual NPDB Executive Committee meeting in November. PIAA data was shared with those in attendance, and PIAA presented on a panel regarding the implication of the Affordable Care Act on reporting to the NPDB.

Agency for Healthcare Research and Quality

Update — The Agency for Healthcare Research and Quality (AHRQ) has informed PIAA that it plans to release a report on medical liability/patient safety demonstration projects which were funded in 2010. Stay tuned for information on that report when it is released. In addition AHRQ will soon announce the development of a program to support the adoption and implementation of a Disclosure and Resolution Program in hospital settings nationwide.