SAMHSA Issues Final Changes to 'Part 2' Confidentiality Regulations

On January 18, 2017, the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued final regulations (the “Final Rule”) intended to update and modernize the Confidentiality of Alcohol and Drug Abuse Patient Records regulations set forth at 42 C.F.R., Part 2 (“Part 2”).  The Final Rule marks the most substantive update to Part 2 since 1987.  Obviously, significant changes have [...]

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Update to CMS Regulations Prohibiting Nursing Homes From Using Pre-Dispute Arbitration Agreements

Update to the November 8 posting below: On December 9, 2016, the Centers for Medicare & Medicaid Services (CMS) issued a memo announcing that it is suspending enforcement of the new ban on the use of binding pre-dispute arbitration agreements by long-term care facilities unless and until the court-ordered injunction mentioned below is lifted.  Accordingly, CMS directed that its surveyors not survey facilities for compliance with the ban until further notified. November 8, 2016  [...]

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