HHS Releases Proposed Rule on Substance Use Disorder Records
The Department of Health and Human Services (“HHS”) released a proposed rule that seeks to update the Confidentiality of Substance Use Disorder Patient Records regulations under 42 C.F.R. Part 2.  The rule would implement provisions from the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) designed to bring Part 2 into better alignment with the Health Insurance Portability and Accountability Act of 1996, thereby improving information sharing and the coordination of patient care, while at the same time protecting patient privacy.  More information can be found here.

HHS Wants to Update the 340B Dispute Resolution Process
HHS issued a proposed rule that would update the 340B Drug Discount Program’s administrative dispute resolution (“ADR”) process.  Among other changes, HHS is seeking public input regarding proposed changes to the minimum monetary threshold needed to access the ADR process, the qualifications of ADR panel members, an ADR panel’s ability to suspend review of claims that involve issues pending in a federal court, the appropriateness of outlining the specific types of claims that can be brought under the ADR process, and the establishment of an appeals or reconsideration process.  HHS is accepting comments through January 30, 2023.

CMS Makes Corrections to IPPS and LTCH 2023 Payment Rule
The Centers for Medicare & Medicaid Services (“CMS”) released a correcting document that identifies and corrects a number of technical and typographical errors in the August 10, 2022 final rule regarding fiscal year 2023 Medicare payment rates and policies under the hospital inpatient prospective payment system (“IPPS”) and the long-term care hospital (“LTCH”) payment system.  The corrections in this document are applicable to discharges occurring on or after October 1, 2022.

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