BW INSIGHTS

Limited English Proficiency Policies

By BrownWinick | 04.06.2018
Health care providers and other covered entities likely encounter individuals in their practice that are diverse in language, ethnicity, and religion. As communities continue to diversify, it is important for covered entities to understand their legal obligations to populations who may not speak English as a primary language. Title VI of the Civil... Read More

Surrogacy Contracts Are Enforceable in Iowa

By BrownWinick | 03.02.2018
In a highly-anticipated ruling, the Iowa Supreme Court today ruled that gestational surrogacy contracts are enforceable in Iowa. The case involved a couple who were unable to conceive a child together. They entered an agreement with another couple, whereby the wife agreed to carry a child for the intended parents in exchange for compensation for... Read More

Iowa's State Health Facilities Council Approves Over $6 Million of New Projects

By BrownWinick | 02.23.2018
The State Health Facilities Council (the “Council”) met on February 21, 2018, and granted a certificate of need (“CON”) to each of the following projects by a vote of 4-0: The purchase of a 3.0 Tesla MRI by the University of Iowa Hospitals and Clinics at a cost of $2,681,912. The purchase of a PET/CT system by the University of Iowa Hospitals and... Read More

Iowa Medicaid Providers Subject to Increased Scrutiny for Medicaid Overpayments

By BrownWinick | 02.20.2018
On January 23, 2018, the Iowa Department of Human Services (DHS) announced that it will begin using statistical sampling to determine whether Iowa Medicaid providers have received overpayments from Iowa Medicaid Enterprise (IME), including from the Managed Care Organizations (MCOs), and the Iowa Dental Wellness Plan. Pursuant to Informational... Read More

Iowa Certificate of Need Law Under Constitutional Attack

By BrownWinick | 09.21.2017
Iowa has become the latest battleground in a nationwide effort to challenge state “certificate of need” laws. Since 1977, Iowa’s certificate of need (“CON”) law has required approval for any “new or changed institutional health service.” The Iowa General Assembly enacted the CON law to avoid unnecessary duplication of healthcare services and to... Read More

Use of Microgrids During Natural Disasters

By BrownWinick | 09.01.2017
The nation’s attention is focused on the devastation brought to Texas and Louisiana by Hurricane Harvey, but there is one positive development that deserves our attention: the use of microgrids to ensure the continued operation of essential services in the face of natural disasters. An electric microgrid is broadly defined as a local network of... Read More

New Guidance on Dental Labs as Business Associates

By BrownWinick | 04.07.2017
In March 2017, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) confirmed that a dentist does not need to sign a business associate agreement with a dental lab when the dentist shares with the lab protected health information for purposes of treating patients. The OCR guidance, which was provided in an e-mail to the... Read More

Iowa Certificate of Need Becomes Focus of Iowa Legislature

By BrownWinick | 02.24.2017
Two bills have been introduced this week at the Iowa Legislature to significantly limit the scope of Iowa’s Certificate of Need (“CON”) Program. One of these bills was introduced by Governor Branstad. Committee action on at least one of these bills is planned for next week in advance of next week’s funnel deadline. Below you will find links to the... Read More

Updated HIPAA Privacy Rule Guidance

By BrownWinick | 02.24.2017
Accidents, sudden illness, and hospitalization of a family member are stressful incidents for individuals and their loved ones. Uncertainty regarding the Health Insurance Portability and Accountability Act’s (“HIPAA”) Privacy Rules’ restrictions on the sharing of information with certain family members or loved ones sometimes adds to that stress.... Read More

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