Posts by Guest User
Reimbursement and Practical Considerations for House Call Practices

Are you thinking about starting a new house call practice? There will be things you need to prepare for (and budget for), so Nixon Law Group compiled this information. Note that major concerns include whether commercial clients can reimburse, what kinds of safety needs there are, and Medicare requirements for a “practice location.” Read more below and feel free to contact us with questions!

Read More
New HHS Fact Sheet on Direct Liability of Business Associates under HIPAA

As all health care providers know, the HIPAA Privacy Rule applies to their practice. But because many providers outsource some of their health care activities and/or functions, the HIPAA Privacy Rule also applies to these “business associates".” It is important that providers have assurances in writing that all business associates are appropriately safeguarding patient information and following all HIPAA provisions. The HHS Office for Civil Rights has issued a new fact sheet that lays out all provisions where the business associate would be held directly liable for HIPAA Rule violations.

Read More
NLG's Medical Cannabis Practice and Leadership Role in Virginia's Cannabis Industry Association

Nixon Law Group represents clients whose businesses are on the leading edge of healthcare and technology. We represent healthcare providers, healthcare technology companies, and other businesses that sell to the healthcare industry, including businesses in the medical cannabis industry.

Read More
Prepare Against Phishing Attacks!

We like to find interesting tips and tricks to help our clients improve their health data security. This infographic from Inspired eLearning on "phishing" schemes covers the most common types of phishing attacks, including via email, phone call, text message, or USB baiting.  Read on to learn about how these attacks can occur, common statistics, and prevention tips.

Read More
Virginia's Cannabis Industry: A 2019 Legislative Session Rundown

In Virginia’s 2019 General Assembly (GA) Session, five of six proposed cannabis-related bills passed and will soon reach the desk of the Governor, ushering in some significant changes to the Commonwealth’s medical cannabis program. Among them, allowing full therapeutic-strength medical cannabis preparations, and the addition of physician assistants and nurse practitioners to the list of providers permitted to make medical cannabis recommendations.

Read More
7 Common Mistakes Physicians Make When Signing a Physician Employment Contract (and How to Avoid Them)

Smart physicians are not immune from making highly regrettable mistakes when it comes to employment contracts. And unlike in medicine, you don't get the option of trying a new treatment plan if the first one doesn't work. Physicians are educated, and intellectually sophisticated. This means that, even though you weren’t trained to read legal contracts in medical school, courts expect that you have read and fully understand the terms of the contracts you sign. That means that, both during and even after your employment, you're stuck with the contract you sign, so make sure you avoid these common pitfalls.

Read More
Proposed Healthcare Legislation in the 2019 Virginia General Assembly

On January 9, the 2019 General Assembly Session will convene, and there are several bills that are set to be introduced that may have an impact on Virginia healthcare providers. We will update this post with additional legislation as session progresses.

Read More
Congress Votes to Legalize Low-THC Cannabis (Hemp)

On December 12, 2018, Congress passed the 2018 Farm Bill (The “Agriculture Improvement Act of 2018” or the “Bill”), which includes provisions that exempt Cannabis plants with lower than 0.3% THC content (also called “Hemp”) from the Controlled Substances Act (CSA). Once signed into law, the Farm Bill effectively legalizes the production, commercialization, and interstate shipment and sale of hemp and hemp-derived products like cannabidiol or “CBD”. Each state (including Indian Tribes and U.S. Territories) will eventually be able to regulate hemp production like any other agricultural commodity, as long as the U.S. Department of Agriculture (USDA) approves its plan to monitor and regulate the plant’s production.

Read More
How to get Reimbursed for Virtual Check-ins under HCPCS Code G2012

In its Final Rule for the 2019 Medicare Physician Fee Schedule released on Friday, CMS introduced a new code, HCPCS G2012, allowing physicians and other qualified healthcare professionals (“QHCPs”) to be reimbursed for “virtual check-ins” with patients who aren’t sure whether or not their symptoms warrant an in-office visit. Learn more about virtual check-ins and how they can be used by practices.

Read More
Should I Self-Disclose a Stark or AntiKickback Violation?

On September 27, 2018, the Department of Justice (“DOJ”) for the first time announced its own “road map” guiding voluntary self-disclosures and cooperation with government investigations of fraud and abuse in the healthcare industry. By encouraging self-disclosure, the government is incentivizing healthcare entities to come forward early with reports of violations in the hope of negotiating reasonable settlements, avoiding exclusion from Federal healthcare programs, and reducing the severe civil and criminal penalties that would otherwise be imposed for such violations.

Read More
Evolution of Cannabis Law and Regulations in Virginia

On September 25, 2018, the Virginia Board of Pharmacy met in closed session for more than five hours before awarding five conditional permits to five separate companies who will likely become the first Pharmaceutical Processors of Medical Cannabis in Virginia. Following this exciting announcement, these conditional license permittees will undergo background checks and, upon satisfactory results, will begin the arduous process of creating Virginia’s first vertically integrated Medical Cannabis cultivation, manufacturing and retail facilities. The state’s program started in earnest in 2015, and due to the advocacy of Virginia patients, caregivers, legislators, and healthcare providers, expanded to its current state in just three short years.

Read More
PRESS RELEASE: Ostendio Announces Partnership with Nixon Law Group

Ostendio, a leading provider of cybersecurity and risk management solutions, today announced that they have partnered with Nixon Law Group, a boutique healthcare law firm headquartered in Virginia, to make it easier for organizations to comply with the ever-changing healthcare privacy regulatory requirements. This partnership brings together a leading-edge software platform with top-tier healthcare attorneys to help organizations better navigate the highly regulated healthcare industry.

Read More
How Can My Startup Get the IRS and State Department of Taxation to Help Pay for My R&D?

Act Fast – State deadline is July 1st!

Tax credits are a great way to increase cash flow for your business, and it may come as a surprise to many that millions of dollars go unclaimed each year.

If you’re a high growth start-up or early stage business engaging in research and development (R&D), you’re likely leaving State and Federal money on the table. Continue reading to see if you qualify for tax credits to help you propel your business. 

Read More
Virginia Legalizes Cannabis for Medical Use

On February 21, the Virginia House of Delegates voted 99-0 (1 abstention) to approve HB 1251, a bill that will dramatically expand the state’s medical cannabis laws. The bill was sent to Governor Ralph Northam for signature and – thanks to an emergency clause recommended by the Governor himself – will be effective immediately once he signs. With this bill, doctors will now be able to recommend the use of medical cannabis oil to patients with any diagnosed condition or disease that the doctor determines will benefit from such use.

Read More
Join Nixon Law Group at MATRC 2018

Join NLG Partner Rebecca E. Gwilt and telemedicine vendors, practitioners, and academicians from Virginia, Maryland, Delaware, Washington, D.C., Pennsylvania, New Jersey, West Virginia, North Carolina, and Kentucky at the Mid-Atlantic Telehealth Resource Center's (MATRC) 2018 Summit in Hershey, PA this April. Rebecca will be speaking alongside Brian Scarpelli with the Connected Health Initiative during the session: “Deconstructing Reimbursement for Chronic Disease Management”. (Monday April 16 from 2:30 PM - 3:45 PM)

Read More
New Rule for Substance Abuse Records: Confidentiality and Disclosures

On January 2, 2018, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued a Final Rule, amending 42 C.F.R Part 2 (“Part 2”), creating new changes to the federal rules governing confidentiality and disclosures of patient substance use disorder (“SUD”) records for the first time since 1987. Part 2 protects the confidentiality of SUD records, which are subset of protected health information (PHI). This means that these records are subject to HIPAA, but are also protected by Part 2, which contains additional (and more stringent) federal protections. These overlapping standards can make the storage and disclosure of patient records administratively burdensome for healthcare providers, patients and their families. It is also a challenge for technology companies that store, analyze, and transmit patient records on behalf of providers and patients.

Read More