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January 2016 Archives

Third Circuit Greenlights Short-Term Medicaid Annuities

The use of Medicaid annuities as planning device has been a hotbed of litigation since the passage of the Deficit Reduction Act of 2005 (DRA). The Pennsylvania Department of Human Services (DHS) has routinely found itself on the losing end of this ongoing battle. In the case of Zahner v. Secretary Pennsylvania Department of Human Services, the United States Court Of Appeals for the Third Circuit addressed the use of short-term annuities as a Medicaid planning device, issuing another decision favoring Medical Assistance (MA) beneficiaries. The Zahner decision has significant implications for the provider community.

HIPAA Breach Reporting Deadline - February 29, 2016

Covered Entities are required to report breaches of unsecured Protected Health Information ("PHI") involving fewer than 500 individuals to the Office of Civil Rights ("OCR") of the federal Department of Human Services within 60 days of the end of the calendar year in which the breach occurred. Accordingly, a breach occurring in 2015 must be reported to OCR no later than February 29, 2016.

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