Regulations

REGULATIONS

South Carolina Enacts Major Reform to Certificate of Need Law

South Carolina Governor Henry McMaster signed SB 164 in the spring, eliminating certificate of need (CON) requirements for almost all health facilities, including ASCs, in the state, but excluding nursing homes and the Medical University of South Carolina.


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Hackers Continue to Breach PHI

Healthcare organizations across the country posted 333 breaches of protected health information (PHI) affecting 500 or more individuals in the last half of 2022, the latest data available on the matter. Consistent with previous time periods, the vast majority of the breaches—95 percent—were caused by unauthorized access or hacking.


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After Delays, Federal E-Prescribe Mandate Takes Effect

The new federal requirements related to electronic prescribing (e-prescribing) of controlled substances went into effect in the beginning of this year. Any prescriber who issues more than 100 qualifying controlled substance prescriptions in a calendar year will be required to transmit at least 70 percent of prescriptions electronically in 2023.


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HIPAA Biannual Update

Since ASCA’s last update in July 2018, healthcare organizations across the country posted 163 breaches of protected health information (PHI) affecting 500 or more individuals.


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OSHA Updates Its Regulations

In 2013, the Occupational Safety and Health Administration (OSHA) issued a proposed rule to improve the tracking of workplace injuries and illnesses through the electronic collection of establishment-specific injury and illness data. After receiving comments on the proposal, OSHA issued the final rule that became effective January 1, 2017. Although ASCs are partially exempt from some of the requirements in that rule, they are subject to a requirement that prohibits employers from discouraging workers from reporting an injury or illness.


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