Amanda Enyeart
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Amanda Enyeart maintains a general health industry and regulatory practice, focusing on fraud and abuse, information technology and digital health matters. Amanda advises health care industry clients in all aspects of software licenses and other agreements for the acquisition electronic health record (EHR) systems and other mission critical health IT. Amanda’s health care IT transactional experience also includes advising clients with respect to software development, maintenance, service and outsourced hosting arrangements, including cloud-computing transactions. Read Amanda Enyeart's full bio.
CMS Addresses Virtual Care Expansion in CY 2022 Medicare Physician Fee Schedule Proposal
By Amanda Enyeart, Marshall E. Jackson, Jr., Lisa Mazur and Dale C. Van Demark on Jul 27, 2021
Posted In Telehealth
On July 23, 2021, the Centers for Medicare & Medicaid Services (CMS) published its annual proposed changes to the Medicare Physician Fee Schedule (MPFS), which include several key telehealth and other virtual care-related proposals. The proposals address long-standing restrictions that have historically limited the use of telehealth and virtual care, including geographic and originating site...
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Waiver of State Licensure Requirements for the Delivery of COVID-19 Countermeasures via Telehealth
By Lisa Mazur, Amanda Enyeart, Dale C. Van Demark and Marshall E. Jackson, Jr. on Dec 9, 2020
Posted In Telehealth
In a fourth amendment to the March 17, 2020, Public Readiness and Emergency Preparedness Act (PREP Act), the US Department of Health and Human Services (HHS) has expanded access to COVID-19 Covered Countermeasures through telehealth and clarified the scope of liability protections provided by the PREP Act. In particular, the declaration is important to telehealth...
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Remote Care Providers Await Final New Jersey Registration and Reporting Regulations
By Amanda Enyeart and Marshall E. Jackson, Jr. on Aug 17, 2020
Posted In Telehealth
In 2017, the New Jersey legislature passed the New Jersey Telehealth and Telemedicine Act (codified at N.J.S.A. 45:1-61 et seq.), which established registration and reporting requirements for “telemedicine and telehealth organizations.” After a multi-year wait for details regarding the registration process, the New Jersey Department of Health (NJ DOH) published a proposed rule in April...
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Order now: The Law of Digital Health Book
By Vanessa K. Burrows, McDermott Will & Emery, Amanda Enyeart, Anisa Mohanty, Amy C. Pimentel, Bernadette M. Broccolo, Dale C. Van Demark, Jiayan Chen, Lisa Mazur, Marshall E. Jackson, Jr., Michael W. Ryan, Ryan S. Higgins and Scott Weinstein on Mar 20, 2018
Posted In Big Data, Cloud, Consumer Protection, Data Privacy, General Interest, Telehealth
Designed to provide business leaders and their key advisors with the knowledge and insight they need to grow and sustain successful digital health initiatives, we are pleased to present The Law of Digital Health, a new book edited and authored by McDermott’s team of distinguished digital health lawyers, and published by AHLA. Visit www.mwe.com/lawofdigitalhealth to order this...
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OIG Reports More Than $731 Million in Inappropriate Medicare Meaningful Use Payments
By Amanda Enyeart and Lisa Mazur on Jun 20, 2017
Posted In Big Data, Data Privacy, General Interest, Telehealth
The Electronic Health Records (EHR) Incentive Program run by Centers for Medicare and Medicaid Services (CMS) garnered attention again last week following the release of a report by the Office of Inspector General of the US Department of Health and Human Services (OIG) describing inappropriate payments to physicians under the program. The report follows on the...
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Recent $2.5 Million OCR Settlement Is a Warning to Wireless Health Service Providers
By Amanda Enyeart, Drew Elizabeth McCormick and Lisa Mazur on May 3, 2017
Posted In Consumer Protection, Cybersecurity, Data breach, Data Privacy, Telehealth
On April 24, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced a Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement in the amount of $2.5 million based on the impermissible disclosure of unsecured electronic protected health information (ePHI) by a provider of remote mobile monitoring, with...
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OCR Guidance Underscores Importance of Authentication under HIPAA
By Amanda Enyeart and Ryan S. Higgins on Nov 17, 2016
Posted In Cybersecurity, Data breach, Mobile Apps
In its tenth OCR Cyber Awareness Newsletter of the year (Newsletter), the Office for Civil Rights (OCR) reminded HIPAA-covered entities and business associates of the importance of selecting an appropriate authentication method to protect electronic protected health information (ePHI). Authentication is the process used to “verify whether someone or something is who or what it...
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OCR Explains How Information Blocking Violates HIPAA
By Amanda Enyeart, Edward G. Zacharias, Daniel F. Gottlieb and Ryan S. Higgins on Oct 27, 2016
Posted In Cloud, Consumer Protection, Cybersecurity, Data Privacy, General Interest
The US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently posted guidance (OCR guidance) clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a covered entity customer to protected health information (PHI) maintained by the vendor on behalf of the...
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Pressure Points: OCR Enforcement Activity in 2014
By Amanda Enyeart on Feb 9, 2015
Posted In Big Data, Consumer Protection, Cybersecurity, Data Privacy, General Interest
During 2014, the Office for Civil Rights (OCR) of the U.S. Department of Health & Human Services initiated six enforcement actions in response to security breaches reported by entities covered by the Health Insurance Portability and Accountability Act (HIPAA) (covered entities), five of which involved electronic protected health information (EPHI). The resolution agreements and corrective...
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