Welcome to your daily briefing on healthcare developments in Illinois. Today we're covering 5 key stories including updates on illinois healthcare headlines, background & context. Let's dive in.
2 stories
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3 stories
A vendor is a business associate if they create, receive, maintain, or transmit PHI on behalf of the covered entity. They are NOT a business associate just because they happen to be in a building with PHI or could conceivably access it. The functional test matters, not the proximity test.
Forcing BAA execution on vendors who do not meet the functional test creates contractual bloat and weakens the negotiating position with vendors who actually do. Failing to execute BAAs with true business associates exposes the covered entity to OCR enforcement.
OSHA inspections of healthcare facilities most commonly find three violations: an Exposure Control Plan that has not been reviewed annually (date-stamped review required), engineering controls that have not been re-evaluated when new devices are introduced, and post-exposure protocols that do not match the actual reporting workflow.
Each citation carries per-violation penalties, and willful or repeat designations multiply them. Re-evaluation paperwork is the cheapest control to maintain.
The No Surprises Act good-faith-estimate requirement applies to all licensed providers offering services to self-pay or uninsured patients — not just hospitals or large groups. The estimate must be provided within timeframes that vary by how far in advance the appointment is scheduled.
Patient-provider dispute resolution under NSA typically defaults to the patient when the practice cannot produce a timely good-faith estimate. The penalty is the full disputed amount being struck.
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