by Pia Dean, Holland & Hart LLP
On September 3, 2015, the Department of Health and Human Services (HHS) issued a proposed rule intended to advance health equity and reduce disparities in health care. Section 1557 of the Patient Protection and Affordable Care Act (ACA) is the first federal civil rights law to prohibit discrimination, including denial of health services or health coverage, on the basis of race, color, national origin, age, disability, or sex. The proposed rule, Nondiscrimination in Health Programs and Activities, codifies and expounds on the these protections. The proposed rule applies to any health program or activity which receives funding from HHS, such as providers that accept Medicare or Medicaid patients. In addition, it applies to individuals enrolled in coverage through the Health Insurance Marketplaces (commonly referred to as “Exchanges”) and to all health plans offered by insurers that operate in Exchanges. Continue reading
by Melissa Starry, Holland & Hart LLP
Direct Primary Care (“DPC”) is increasing in popularity in the United States as an alternative payment model for primary care medical services. Instead of fee-for-service insurance billing, typically a DPC medical provider enters into an agreement with its patients and charges its patients a monthly, quarterly, or annual fee that covers all or most primary care services. Given the fact that a DPC medical provider takes on a certain amount of risk in agreeing to provide primary care services to patients for a fixed amount (regardless of how often a patient is seen by the provider), there were concerns that such an arrangement could be interpreted under Idaho law as the provision of insurance. With the passage of the Idaho Direct Medical Care Act1 (the “Act”), and subsequent signing by Governor Butch Otter, Idaho is now the ninth state in the country to pass legislation to ensure that DPC medical providers are not treated as insurance products by state regulators. Continue reading
On August 9th, one of our healthcare partners Pia Dean presented a 1 hour webinar entitled “The Affordable Care Act Supreme Court Ruling and What Your Company Should Know”. If you missed this presentation and would like to view it online, please click here.