Medicaid Reimbursement Problems: Who Can Challenge Low Rates?

By Leslie Francis for BiolawToday.org. The Supreme Court decided Armstrong v. Exceptional Child Center on March 31, 2015, http://www.supremecourt.gov/opinions/14pdf/14-15_d1oe.pdf.  The decision has not garnered significant publicity (at least, I missed it), but portends a great deal. Armstrong involved a suit by Idaho providers of community-based services challenging the adequacy of reimbursement rates under § 30(A) of the Medicaid Act.  […]

Developments of Interest on the Health IT Front Part 3: the 21st Century Cures Act

By Leslie Francis for BiolawToday.org. First posted on HealthLawProfBlog. Part 3 of a three-part series. Read Part 1 | Read Part 2 The CURES bill, HR6, https://www.opencongress.org/bill/hr6-114/text, was introduced in the House of Representatives on May 19 and referred to the Committee on Energy and Commerce and the Ways and Means Committee.  The bill received unanimous support two […]

Developments of Interest on the Health IT Front Part 2: EHR Certification 2015 NPRM

By Leslie Francis for BiolawToday.org. First posted on HealthLawProfBlog. Part 2 of a three-part series. Read Part 1 | Read Part 3 HHS published the NPRM for the 2015 edition of certification for EHRs on March 30, 2015, https://www.federalregister.gov/articles/2015/03/30/2015-06612/2015-edition-health-information-technology-health-it-certification-criteria-2015-edition-base.  Comments are due May 29, 2015.  The goals of this rulemaking are supporting interoperability with new vocabulary and content standards for structured recording […]

Developments of Interest on the Health IT Front Part 1: Meaningful Use NPRM

By Leslie Francis for BiolawToday.org. First posted on HealthLawProfBlog. Part 1 of a three-part series. Read Part 2 | Read Part 3 The NPRM on Meaningful Use (MU) stage 3 is out and comments are due shortly (May 29), https://www.federalregister.gov/articles/2015/03/30/2015-06685/medicare-and-medicaid-programs-electronic-health-record-incentive-program-stage-3#h-14.  MU-3 is the final stage of the program and although it contains some very real progress it continues the […]

Canadian Court Holds Blanket Criminalization of Assisted Suicide Unconstitutional

By Professor Leslie Francis for healthlawprofblog. In a much-awaited decision, the Canadian Supreme Court on Friday held that Canada’s statutes criminalizing aiding suicide violated the Canadian Charter.  The decision in Carter v. Canada is being widely hailed by advocates of the legal permissibility of the practice and decried by disability advocates.  I’m writing this post to call […]

D.D.C. rejects DOL regulations requiring minimum wage and overtime for many home health aides

By Leslie Francis for BiolawToday.org.  First posted on LawProfBlog, January 19, 2015 – In a pair of recent decisions, the U.S. District Court for the District of Columbia has struck down Department of Labor (DOL) regulations designed to provide wage protections for home care workers.  Challenging the regulations were the Home Care Association of America […]

Francis Testifies in Virtual Hearing on Health Privacy and Security

On December 8, 2014, Leslie Francis, Professor of Law at the University of Utah S.J. Quinney College of Law, testified in a virtual hearing before the Privacy and Security Work Group of the Health IT Policy Committee, a federal advisory committee to the Office of the National Coordinator for Health IT. In her testimony, Francis […]

Francis publishes “Genomic knowledge sharing: A review of the ethical and legal issues”

September 16, 2014 S.J. Quinney College of Law Associate Dean for Faculty Research and Distinguished Professor of Law Leslie Francis published a white paper in the journal Applied & Translational Genomics. The paper, titled “Genomic knowledge sharing: A review of the ethical and legal issues,” is available online. Abstract – The importance of genomic information for care of individual […]

Francis Elected to American Philosophical Association Post, will Deliver Presentation on Privacy and Health Information

Professor Leslie Francis has been elected the vice president and president elect of the American Philosophical Association’s Pacific Division Committee for 2014-2015. In addition, on October 10, she will deliver a presentation titled “Privacy and Health Information: The U.S. and the E.U.” at a symposium on Data Privacy, Your Rights in a Digital World, sponsored […]

HHS Issues Guidance Regarding HIPAA and Same Sex Marriage

By Leslie Francis for HealthLawProfBlog.  Under HIPAA, patients’ spouses and other family members have certain rights to access health information.  In an important guidance document in the wake of United States v. Windsor, the Office for Civil Rights (OCR) at HHS has clarified that “spouse” under HIPAA refers to legally married same-sex spouses, even if the individual is receiving services in a jurisdiction […]