Healthcare Law

When HIPAA Says Yes but Part 2 Says No, Part Three: Proactive Steps to Take If Your Program Is Under Investigation

Lisa English Hinkle — Thu, 09 Jul 2026 05:00:00 GMT

In this three-part series, we investigate the duties of SUD providers under Part 2 in the face of subpoenas and investigations. Part One discussed the contours of the duties in the face of a subpoena, while Part Two walked you through what happens when your employees are contacted by investigators. Part Three will guide you throughout the investigatory process.

When HIPAA Says Yes but Part 2 Says No, Part Two: When Investigators Contact Your Employees

Lisa English Hinkle — Wed, 08 Jul 2026 05:00:00 GMT

In this three-part series, we investigate the duties of SUD providers under Part 2 in the face of subpoenas and investigations. Part One discussed the contours of the duties in the face of a subpoena, while Part Two walks you through what happens when your employees are contacted by investigators.

When HIPAA Says Yes but Part 2 Says No, Part One: What SUD Providers Must Know When Responding to a Subpoena

Lisa English Hinkle — Tue, 07 Jul 2026 05:00:00 GMT

Part 2 increases protections for SUD patient records because of the stigma and legal consequences associated with substance use treatment. Protecting patient records serves an important public health interest, because weakening confidentiality discourages patient participation in treatment. Federal courts have enforced Part 2 to protect patients. The increased privacy protection for substance use treatment was originally intended to prevent prosecution of patients in active treatment programs, and it still does. While Part 2 is not a new regulation, it did undergo major changes when the 2024 Final Rule was adopted on April 16, 2024 (with a two-year implementation period). Enforcement for the updated Part 2 rules began on February 16, 2026, when the HHS Office for Civil Rights (“OCR”) launched a civil enforcement program and began accepting complaints alleging Part 2 violations and breach notification violations.

Legal Risks of Consumer Health Apps and Wearables for Kentucky Healthcare Providers

Valerie Michael — Thu, 04 Dec 2025 05:00:00 GMT

Patients are increasingly generating their own health data through wearables and apps, transforming how providers engage with them. However, much of this data falls outside HIPAA’s protections, creating legal gaps. With Kentucky’s Consumer Data Protection Act (KCDPA) taking effect in January 2026, these gaps will become even more complex for providers to navigate.

When Safety Nets Fail Together: Medicaid Cuts, ACA Subsidies, and EMTALA

Valerie Michael — Wed, 13 Aug 2025 05:00:00 GMT

America’s healthcare system is often described as a patchwork: a mix of public programs, private insurance, and stopgap laws meant to catch people before they fall through the cracks. But what happens when several of those safety nets are weakened or removed all at once?

New Resident Legal Issues

Valerie Michael — Tue, 01 Jul 2025 04:00:00 GMT

Leaving medical school and entering residency is a daunting transition in the career of a new physician, presenting a new set of legal rules and requirements, including employment contracts and malpractice liabilities. We recommend familiarizing yourself with your program’s relevant manuals and policies and seeking legal advice when necessary.

The Heat Turns Up: The 60-Day Rule Gets a Facelift but Changes Create Complications for Providers

Lisa English Hinkle — Mon, 02 Jun 2025 05:00:00 GMT

With the OIG’s May 30, 2025, announcement that they are seeking $454.4 million in funding to fight healthcare fraud, healthcare providers can expect increased governmental scrutiny despite Trump’s budget cutbacks and staff layoffs. The OIG justifies its budget request by pointing out that for every $1 invested, there is an expected return of $11 in government recoveries and receivables, which fuels the Trump administration’s fight on fraud, waste, and abuse in health care. What this means for health care providers is intensified scrutiny and likely use of AI as a tool to evaluate big data to identify potential false claims, fraud, outliers, etc. Considering the OIG’s 90-page new General Compliance Guidance, healthcare providers’ self-policing strategies and internal audits are more important than ever as the heat turns up on alleged fraud and false claims.

The Future of DEI in Healthcare: Navigating Compliance and Risk Under New Federal Policies

Lisa English Hinkle — Tue, 11 Mar 2025 05:00:00 GMT

The landscape of diversity, equity, and inclusion (DEI) in healthcare is undergoing a seismic shift following recent executive orders (EO) issued by President Donald J. Trump. The order, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," aims to eliminate DEI initiatives within federal government agencies and private companies contracting with the government. This policy shift presents significant legal and operational challenges for healthcare providers, particularly those relying on federal funding.

Medical Cannabis in Kentucky: What Practitioners Need to Know

Lisa English Hinkle — Mon, 17 Feb 2025 05:00:00 GMT

As of January 1, 2025, medical cannabis is legal in Kentucky. Physicians and nurse practitioners who want to create access for their patients to this important treatment must become authorized to certify patients for medical cannabis and should be extremely careful to comply with confusing and complex regulatory requirements.

What Kentucky Health Facilities Need to Know about Workplace Safety

Valerie Michael — Tue, 26 Nov 2024 05:00:00 GMT

Healthcare workplace violence is a recognized hazard in the healthcare industry. The U.S. Bureau of Labor Statistics reported in 2018 that approximately 73% of all nonfatal workplace violence injuries involved healthcare workers.[1] Even then, the incidence of workplace violence is likely higher due to underreporting.[2] Combined with the increased stress, isolation for patients and providers, and continued staffing issues and burnout, workplace violence has become one of the main contributors for healthcare workers to leave the field.[3]