Philip Peisch

Philip Peisch

Phil Peisch practices in the areas of health care and federal-state programs. Mr. Peisch advises clients on government-sponsored health care programs, including Medicaid, Medicare, the Children’s Health Insurance Program, and the health insurance exchanges created by the Affordable Care Act. He regularly works with clients seeking to understand and comply with the Affordable Care Act’s requirements for public health care programs and the private health insurance market. Mr. Peisch also frequently represents state clients in litigation stemming from the operation of their Medicaid programs, including in federal court and before the United States Department of Health and Human Services Departmental Appeals Board.

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OIG Continues to Call for EHR Fraud Prevention

This past Spring, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) again identified EHR-related fraud as a problem area. Particularly in light of the OIG’s continued focus on this issue, providers would be well-advised to work on strategies to mitigate the risk of EHR fraud.… Continue Reading

CMS Issues Guidance Encouraging the Use of Commercial Off-the-Shelf Technology and Software-as-a-Service for Medicaid Eligibility and Enrollment Systems

In March, CMS issued a State Medicaid Directors Letter (SMDL) about the availability of enhanced federal funding for state Medicaid programs’ eligibility and enrollment (E&E) systems. This SMDL represents CMS’s most recent effort to encourage States to use commercial “off-the-shelf” technology and “software as a service,” instead of customized electronic systems developed and built specifically … Continue Reading

Health Care Companies Agree to “Core Commitments” to Improve Access to EHR

Last month, the Department of Health and Human Services (HHS) announced that a number of large health care companies and providers had “agreed to implement three core commitments” to improve access to electronic health records (EHR).  HHS touted the commitments as a significant step toward increased EHR interoperability.… Continue Reading

After Two-Day Workshop, CDRH Releases Postmarket Cybersecurity Draft Guidance

Earlier today, on the InsideMedicalDevices blog, our colleague Christopher Hanson posted a summary of the FDA’s recent issuance of draft guidance on “Postmarket Management of Cybersecurity in Medical Devices.”  The release of the draft guidance coincided with the conclusion of a two-day public workshop hosted by the FDA entitled, “Moving Forward: Collaborative Approaches to Medical Device Cybersecurity.”  You … Continue Reading

New CMS Rule Permits Home Health Face-to-Face Encounters to Occur Through Telehealth Technology

Earlier this week, the Centers for Medicare & Medicaid Services (CMS) finalized a rule implementing a provision of the Affordable Care Act (ACA) that requires a Medicaid enrollee seeking coverage for home health services to first meet face-to-face with a practitioner.  The final rule confirms that the face-to-face encounter requirement “may occur through telehealth, as implemented … Continue Reading

House Legislation Would Modestly Expand Use of Technology in Treating Mental Health and Substance Use Disorders

Last month, the Health Subcommittee of the House Energy & Commerce Committee approved the Helping Families in Mental Health Crisis Act of 2015.  The Act is designed to improve access to treatment for mental health and substance use disorders, and it includes several provisions to modestly expand and improve the use of technology in delivering … Continue Reading

CMS Issues New EHR Meaningful Use Rules

Last week, the Centers for Medicare and Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC) finalized new rules for the Electronic Health Records (EHR) meaningful use program.  In response to significant public criticism of the program, the final rulemaking offers some additional flexibility for complying with the program’s requirements.… Continue Reading

UK Government Launches Cybersecurity Service for Healthcare Organizations

Earlier today, on the InsidePrivacy blog, our colleagues Mark Young and Phil Bradley-Schmieg posted a summary of the UK government’s announcement of a new national service providing expert cybersecurity advice to entities within the National Health Service (NHS) and the UK’s broader healthcare system.  The project, called CareCERT (Care Computing Emergency Response Team), is aiming for a … Continue Reading

Multistakeholder Group Seeks Comment on Draft Framework for IoT Device Manufactures

Last week, our colleague Libbie Cantor published a post on our InsidePrivacy blog regarding the Online Trust Alliance’s (OTA) release of a draft framework of best practices for Internet of Things device manufacturers and developers.  This draft framework applies to, among other things, eHealth technology, such as wearable fitness and health technologies.  The OTA is seeking comments on … Continue Reading

Cybersecurity Risks with Connected Devices

Earlier this week, our colleague Bianca Nunes published a post on cybersecurity risks with connected devices on Covington’s InsideMedicalDevices blog.  This post describes the FDA’s increasing focus on promoting cybersecurity, as well as a draft practice guide for securing health records maintained on mobile devices published by the National Institute of Standards and Technology (NIST).… Continue Reading

Nine States Join Interstate Medical Licensure Compact

* Alex Langton is a summer associate and student at Georgetown University Law Center. In May, three states joined the Interstate Medical Licensure Compact, in addition to the six states that had already joined.  A sufficient number of states have now joined to trigger implementation of the Compact through the creation of the “Interstate Medical Licensure … Continue Reading

Iowa Supreme Court Strikes Down Ban on Use of Telemedicine to Prescribe Abortion-Inducing Drugs

* Brian Kempfer is a summer associate and student at the University of Michigan Law School. In a previous post, we noted a case pending before the Iowa Supreme Court challenging an Iowa regulation that prohibited doctors from using telemedicine to prescribe “abortion-inducing drugs,” sometimes called abortifacients.  Last Friday, in Planned Parenthood of the Heartland v. Iowa Board … Continue Reading

21st Century Cures Act with EHR and Telehealth Provisions Passes Through Committee with Flying Colors

* Jack Lund is a summer associate and student at the University of Virginia School of Law        The “21st Century Cures Act” (Cures) cleared its first major hurdle last month when the House Energy and Commerce Committee voted unanimously in favor of the legislation.  Among other things, Cures helps to modernize Medicare by … Continue Reading

Several States Enact Telehealth Parity Laws in 2015

* Gabriel Kohan is a summer associate and student at Harvard Law School.         States are continuing to debate the role telehealth services should play in the health care system. Thus far in 2015, several States have enacted parity laws requiring that certain telehealth services be reimbursed to the same extent as in-person services. While on … Continue Reading

Moving to the Cloud: Privacy and Other Key Considerations for Healthcare Entities

Last week, as part of our Life Sciences Essentials series, Covington hosted a webinar discussion of issues facing life sciences companies as they increasingly utilize cloud services to collect, aggregate, store and process data. The webinar is available here, and the slides can be viewed here. Panelists and topics included: Anna Kraus — HIPAA and … Continue Reading
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