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McBrayer Blogs
Showing 179 posts in Health Care Law.
Complying with KASPER, Part II
On Tuesday, I provided some common sense tips for prescribers to use when issuing a KASPER-regulated medication. Now, let’s take a look at how the prescriber can better understand the KASPER report.[1] More >
Complying with KASPER
The Kentucky General Assembly passed House Bill 1, also known as the “pill mill bill” in 2012. Following its enactment, the Cabinet for Health and Family Services and various licensure boards issued regulations implementing its requirements. It was soon realized that the law would need some refinement to address concerns raised by the provider community and stakeholders. In 2013, House Bill 217 amended portions of House Bill 1 to address some unintended consequences of the original legislation. One of those amendments was giving an exemption to hospitals, long-term care facilities and approved researchers from the law’s requirement to report controlled substances administered directly to patients through the state’s description drug monitoring system, KASPER. However, for those licensees not exempt from the reporting, it remains a stringent requirement that a KASPER report is filed within one day of dispensing a controlled substance. (See more on HB 217 here.) More >
The Young and the Restless
HealthCare.gov’s technical woes are expected to be fixed by November 30th. But, those fixes might come too late for a certain subset of needed enrollees – the young and healthy. The purpose behind the Affordable Care Act’s individual health insurance mandate was to ensure that private insurers would get enough young, healthy people in the system who could offset the costs of covering older and sicker, Medicaid-eligible patients. More >
How Kentucky Got Lucky: The Success of kynect.gov
It is no secret that the federal HealthCare.gov has received less than rave reviews since its October 1st roll-out. The states who have relied on the federal government to run their marketplaces have encountered numerous problems, from glitches to process delays to complete inaccessibility. Kentucky (the only southern state which opted to run its own health insurance marketplace and expand Medicaid), however, has shone like a beacon in the turbulent exchange introduction period. It is quite surprising that Kentucky, consistently near the bottom in health rankings and with approximately 625,000 uninsured citizens, would be the model for anything health care-related. Here is how Kentucky is leading the nation with its exchange site: More >
An Unlikely Consequence, cont.
On Tuesday, I discussed the recent trend of hospital layoffs of staff, administrative and professional alike, in order to reduce costs despite expectations of an unprecedented number of individuals seeking health care services under the ACA. More >
An Unlikely Consequence
The Affordable Care Act (“ACA”) took a big leap forward this month with the opening of the federally-facilitated and state-operated Exchanges. Here in Kentucky, 70,467 people reportedly participated in pre-screenings to determine qualifications for subsidies, discounts, or programs like Medicaid on the Health Insurance Exchange’s first enrollment day, October 1, 2013. The ACA is eventually expected to provide health coverage to as many as 30 million additional Americans. So, why are hospitals across the nation slashing jobs? More >
Guidance on Mobile Medical Apps
Recently, the U.S. Food and Drug Administration (“FDA”) issued its much-anticipated final guidance for developers of mobile medical applications (“apps”). Apps run on mobile communication devices and can present unique problems not only to consumers, but also to providers who must walk a fine line between meaningful use requirements and HIPAA regulations regarding personal health information (“PHI”). More >
One Week In – Are Kentuckians Kynect-ing?
Everyone, especially those in the health care industry, waited with bated breath to see the nationwide launch of the online health insurance marketplaces on October 1st. The launch was plagued with website malfunctions and connectivity problems in some states, including Kentucky, but programs across the country welcomed people clamoring for a look at America’s new health care options. Proponents of the exchanges say that the glitches and initial setbacks are a good sign – the overwhelming traffic to the websites show that people are actively seeking health care. Health reform opponents see the initial problems as a sign that the exchanges, and health reform generally, are too cumbersome and complicated to implement effectively. More >
The Kentucky Board of Medical Licensure Adopts the Model Policy, cont.
Earlier this week, I began the discussion about the Kentucky Board of Medical Licensure adopting the Model Policy. While the Model Policy serves as a cautionary reminder of the hazards of social media, it also emphasizes the “enormous potential” social media has for both physicians and their patients. As telecommuting grows, electronic health records are implemented, and smart phones find their way into more and more physicians’ hands, it is obvious that shying away from technology is no longer an option. Nor should it be, as the use of social media really does have its benefits: reduced costs, improved physician-to-physician sharing and learning opportunities, the crossing of geographic boundaries, and a way to provide important information to the public. More >
The Kentucky Board of Medical Licensure Adopts the Model Policy
Over the summer, the Kentucky Board of Medical Licensure adopted the Model Policy for the Appropriate Use of Social Media and Social Networking in Medical Practice (“Model Policy”) that was issued by the Federation of State Medical Boards (“FSMB”). FSMB created their policy in 2012 to help medical boards provide guidance and education about issues related to social media. The FSMB Model Policy followed the American Medical Association’s (“AMA”) 2010 “Professionalism in the Use of Social Media” policy. Both incorporate the same principles, but the FSMB offers more concrete examples of conduct that should be avoided in social media activity. More >
