Celebrate National Nutrition Month With Free Resources

March is National Nutrition Month! Check out free government resources here for tips and tools to help you and your employees or patients enjoy the benefits of better nutrition.

About Solutions Law Press, Inc.™

Solutions Law Press, Inc.™ provides human resources and employee benefit and other business risk management, legal compliance, management effectiveness and other coaching, tools and other resources, training and education on leadership, governance, human resources, employee benefits, data security and privacy, insurance, health care and other key compliance, risk management, internal controls and operational concerns. If you find this of interest, you also be interested reviewing some of our other Solutions Law Press, Inc.™ resources here including:

Review Your Provider Performance Data 

Bill Allowing FDA Emergency Use Authorizations To Protect Military From Biological Warfare Threats Sent to President

OIG Tells Texas Stop Paying Medicaid MCOs For Dead Patients

Michigan Doctor Pleads Guilty To Billing Medicare For Illegally Prescribed Drugs

Anesthesiology Practice Nailed For Improperly Billing For Moderate Sedation

Florida Doctor Sentenced For Multi-Million Dollar Drug & Alcohol Addiction Treatment Health Care Fraud, Money Laundering & Forced Prostitution Scheme

CMS Announces New Medicare Provider Ombudsman

CMS Publishes 2018 Updates To Home Health Prospective Payment Rates & Rules

CMS Publishes 2018 Physician Fee Schedule Rule

Check Your Medicare/Medicaid Compliance Against Against Quarterly Guidance Changes List

CDC Proposed Changes To NIOSH Occupational Health Biological Monitoring Methods for Chemical Exposures

HHS Picks Hargan As Acting HHS Secretary

OCR Gives Health Care Providers, Other Covered Entities Post-Las Vegas Shooting HIPAA Medical Privacy Guidance On Disclosures To Family, Media & Others For Notification & Other Purposes

Novo Nordisk Pays $58M+ For Not Giving FDA-Required Warnings ABout Victoza Cancer Risks

Christus Pays $12.24M Settlement Resolves False Claims Act Charges From “Donations” To New Mexico

Oklahoma Nursing Home Settles HHS HIV Discrimination Charges

HHS Issues Hurricane Irma Relief For Puerto Rico, U.S. Virgin Islands & Florida

HHS Medical Clinic to Provide Healthcare to Hurricane Harvey Victims at Houston Convention Center Starting Wednesday

CMS Proposes Cutbacks To Medicare Bundled Payment Program

CMS Releases 2017 Provider Payment Program Hardship Exception Application

RAISE Act Immigration Visa, Visa Holder Public Benefit Limits Create Potential Health Industry Concern

CardioNet $2.5M HIPAA Resolution Agreement Schools HIPAA Entities To Clean Up Their Acts

Medical Clinic HIPAA Resolution Agreement Shows Need For Current Business Associate Agreements

If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information including your preferred e-mail by creating your profile here.

NOTICE: These statements and materials are for general informational and purposes only. They do not establish an attorney-client relationship, are not legal advice or an offer or commitment to provide legal advice, and do not serve as a substitute for legal advice. Readers are urged to engage competent legal counsel for consultation and representation in light of the specific facts and circumstances presented in their unique circumstance at any particular time. No comment or statement in this publication is to be construed as legal advice or an admission. The author reserves the right to qualify or retract any of these statements at any time. Likewise, the content is not tailored to any particular situation and does not necessarily address all relevant issues. Because the law is rapidly evolving and rapidly evolving rules makes it highly likely that subsequent developments could impact the currency and completeness of this discussion. The presenter and the program sponsor disclaim, and have no responsibility to provide any update or otherwise notify any participant of any such change, limitation, or other condition that might affect the suitability of reliance upon these materials or information otherwise conveyed in connection with this program. Readers may not rely upon, are solely responsible for, and assume the risk and all liabilities resulting from their use of this publication.

Circular 230 Compliance. The following disclaimer is included to ensure that we comply with U.S. Treasury Department Regulations. Any statements contained herein are not intended or written by the writer to be used, and nothing contained herein can be used by you or any other person, for the purpose of (1) avoiding penalties that may be imposed under federal tax law, or (2) promoting, marketing or recommending to another party any tax-related transaction or matter addressed herein.

©2018 Cynthia Marcotte Stamer. Non-exclusive right to republish granted to Solutions Law Press, Inc.™ For information about republication, please contact the author directly. All other rights reserved.

Speak Up Now On Health Reform 2017

Voters’ election of President-elect Donald Trump and a Republican Majority put health care reform squarely back on the table even as leaders debate if repeal or reform, and if reform, what reform Americans want.

Voters’ election of President-elect Donald Trump and a Republican Majority put health care reform squarely back on the table even as leaders debate if repeal or  reform, and if reform, what reform Americans want.

The increasingly evident cracks and extraordinary cost of the Patient Protection and Affordable Care Act (ACA) reforms  make clear reform is needed.  Contrary to the exuberant claims of the victors, however, the  election results are not so overwhelming that they provide a clear mandate for healthcare reform or a clear pathway for what to replace it with. If healthcare reform this time around is to do any better than the last, boaters need to become very involved and very specific about what they like and don’t like and very realistic terms and leaders need to listen and act on that input to come up with the most pragmatic and specific plan possible quickly.

As Americans gear up for the next round of debate there are some basic realities we all must confront.

Pie in the sky, idealistic policies aren’t a real option and only promise more waste and disillusionment.

As the healthcare reform debate resumes,  voters and leaders considering these matters must look forward, not back.
Voters and leaders need to focus on discrete, SPECIFIC, reforms that best promote patient-empowered decision making and communicate their wishes clearly to Congressional and state elected officials. We must get beyond buzz words and hype to talk about what, how, when, who chooses, who does the work, how they get paid and other very concrete matters.

Because  the reforms enacted over the past 7 years disassembled the old system,  the old system no longer exists.  Consequently,  repeal alone isn’t a real option, even for those who dream of the “good old days.”

Also, Congress cannot undo Obamacare or fix healthcare with one magic vote.  Even  those who call for Congress on day one to repeal the ACA need to realize that the instant repeal will not undo the healthcare reform’s that were enacted because these reforms are hardwired into the state insurance laws and regulations that were implemented in response to the ACA.

Further, even  if repeal would magically bring back the old system, going back to those old days doesn’t necessarily mean problem solved.  Obamacare passed because the old system had problems.  Coverage was still expensive and there were many people uninsured.  The difference now is that a lot of the money is going for a huge regulatory nightmare that strips off money for Care to pay for infrastructure and regulators.  As a result regardless of whether you repeal and replace or you systematically work through the laws the process will need to be specific and address the particular individual action items to fix the system. Any other process just replace this one mess with another.

Additionally, this is an American opportunity, that transcends partisanship.  Healthcare requires statesmanship from our leaders and citizens.  We are at war against disease and death.  We must work as a team to fight this universal enemy.

We all bleed red and death eventually claims us all.  Life, death and the care of the health of our nation is a shared need and a shared responsibility.  Death, disability and illness come to all families regardless if income, race, sex, religion, or other classification that too often is used to distinguish and divide us.  Health care is about helping families and communities care for loved ones dealing with the challenges of illness and eventually death.  If we must argue over these distinction within our society, let’s do it somewhere else besides health care.

Resources are limited.  We can’t give everything to everybody and someone has to pay the bill.   Be cautious about financing by having the “haves” pick up the cost for the “have less.” Too often the have-nots suffer from reduced wages or employment from these Robin Hood financing strategies.

Also paying for it matters.  Reforms that break the budget are unreliable and therefore aren’t sustainable.  Bang for the buck matters.

Americans must stop treating health care professionals as religious martyrs. Physicians care for patients and pay a huge price dealing with the physical, financial and lifestyle demands to do so.   Physicians and other healthcare professions deserve and must get paid commensurate with the skill, responsibility and accountability Americans expect.  We must question why Americans have no problem with a talented athlete with a high school education earning millions of dollars in the NBA but feel a doctor who spends 8-10 years and a half a million dollars or more earning the right to care for patients, who is paid far less, earns too much. Healthcare isn’t free and legislating unreasonably low reimbursement drives quality providers out of healthcare, undermines quality, availability or both.   Americans that ignore this reality can and should look forward to being cared for by less educated, less skilled physicians.

Finally healthcare isn’t one size fits all and wellness and disease management at best slows, but cannot defeat death.  Each individual and his or her family will experience a different path of life, illness and health, and ultimately death.  These are personal matters that require personal choice to match these unavoidable personal responsibilities.

To help ensure you and your family retain the choices most important to you and understand the choices that this round of health care reform will product, you must embrace your right and responsibility to plan for and deal with these challenges by getting informed and participating.

Here’s some reading to get started: the leading proposals of the Republican Majority leaders:

Share your thoughts about what our health care system should look like going forward, how these proposals relate and the other reforms you believe Congress should make to build a better healthcare system for today that can survive into the future by joining the discussion  in the Solutions Law Press, Inc. Coalition for Responsible Health Care Policy LinkedIn Group.

Comment On Proposed Changes To FDA Food Labeling Rules Due October 13

Consumers, health care providers and others concerned about nutrition labeling should review proposed changes to the Food and Drug Administration (FDA) food labeling rules recently proposed by the FDA and submit any comments by the October 13, 2015 comment deadline.

With diet and lifestyle related diseases continuing to drive American disability and healthcare costs, American policymakers, business leaders, insurers, employers and consumers increasingly are looking to help Americans to eat better.  FDA issued two proposed rules and one supplemental proposed rule on updating the nutrition facts label.  Growing interest in promoting better health by helping Americans to eat smarter has prompted recurrent interest in improvements to food labels required by Food and Drug Administration (FDA) rules.

In response to these concerns, FDA now is considering final adoption of two proposed rules and one supplemental proposed rule on updating the nutrition facts label.  Interested parties can review these proposed rules and other related information here.

Concerned parties should review these proposed rules and other related information here.

About Project COPE: The Coalition On Patient Empowerment &  Coalition on Responsible Health Policy

Do you have ideas about how to improve the understandability of medication warnings or research findings for patients or other ideas about how to improve healthcare or health care policy?  Share your ideas in the  PROJECT COPE: Coalition On Patient Empowerment LinkedIn Group.  If you have knowledge, experience or other resources that could help patients, families, communities, or the government better understand or cope with  Asperger’s or other health care conditions, costs of care, or other challenges affecting Americans and the American health care system, we encourage you to get involved and share your insights.

As American leaders continue to struggle to deal with these and other mounting problems impacting the U.S. health care system, the input of individual Americans and businesses and community leaders is more critical than ever.  Get involved in helping to shape improvements and solutions to the U.S. health care system and the Americans it cares for by sharing your ideas and input through the Coalition For Responsible Health Care Policy  and exchanging information and ideas for helping American families deal with their family member’s illnesses, disabilities and other healthcare challenges through PROJECT COPE: Coalition On Patient Empowerment.

Sharing and promoting the use of practical practices, tools, information and ideas that patients and their families, health care providers, employers, health plans, communities and policymakers can share and offer to help patients, their families and others in their care communities to understand and work together to better help the patients, their family and their professional and private care community plan for and manage these  needs is the purpose of PROJECT COPE.

The Coalition and its PROJECT COPE arise and run on the belief that health care reform and policy must be patient centric and patient empowering.  The best opportunity to improve access to quality, affordable health care for all Americans is for every American, and every employer, insurer, and community organization to seize the opportunity to be good Samaritans.  The government, health care providers, insurers and community organizations can help by providing education and resources to make understanding and dealing with the realities of illness, disability or aging easier for a patient and their family, the affected employers and others. At the end of the day, however, caring for people requires the human touch.  Americans can best improve health care by not waiting for someone else to step up:  Step up and help bridge the gap when you or your organization can. Speak up to help communicate and facilitate when you can.  Building health care neighborhoods filled with good neighbors throughout the community is the key.

The outcome of this latest health care reform push is only a small part of a continuing process.  Whether or not the Affordable Care Act makes financing care better or worse, the same challenges exist.  The real meaning of the enacted reforms will be determined largely by the shaping and implementation of regulations and enforcement actions which generally are conducted outside the public eye.  Americans individually and collectively clearly should monitor and continue to provide input through this critical time to help shape constructive rather than obstructive policy. Regardless of how the policy ultimately evolves, however, Americans, American businesses, and American communities still will need to roll up their sleeves and work to deal with the realities of dealing with ill, aging and disabled people and their families.  While the reimbursement and coverage map will change and new government mandates will confine providers, payers and patients, the practical needs and challenges of patients and families will be the same and confusion about the new configuration will create new challenges as patients, providers and payers work through the changes.

We also encourage you and others to help develop real meaningful improvements by joining PROJECT COPE: Coalition On Patient Empowerment and by sharing ideas, tools and other solutions and other resources. The Coalition For Responsible Health Care Policy provides a resource that concerned Americans can use to share, monitor and discuss the Health Care Reform law and other health care, insurance and related laws, regulations, policies and practices and options for promoting access to quality, affordable healthcare through the design, administration and enforcement of these regulations.

You also may be interested in one or more of the following other recent articles published on the Coalition for Responsible Health Care Reform electronic publication available here such as the following, our electronic Solutions Law Press Health Care Update publication available here, and/or our HR & Benefits Update electronic publication available here:

You also can get details about how to arrange for your employees or other communities to participate in training on “Building Your Family’s Health Care Toolkit,”  using the “PlayForLife” resources to organize low-cost wellness programs in your workplace, school, church or other communities, and other process improvement, compliance and other training and other resources for health care providers, employers, health plans, community leaders and others here.

NOTE:  This article is provided for educational purposes.  It is does not provide legal advice, establish any attorney-client relationship or provide or serve as a substitute for legal advice to any individual or organization.  Readers must engage properly qualified legal counsel to secure legal advice about the rules discussed in light of specific circumstances. ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED, AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY OTHER PERSON, FOR THE PURPOSE OF (1) AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW, or (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY TAX-RELATED TRANSACTION OR MATTER ADDRESSED HEREIN.  ©2015 Cynthia Marcotte Stamer, P.C. Non-exclusive license to republish granted to Solutions Law Press.  All other rights reserved.