As she has done in January for several years, our good friend Marla Durben Hirsch quoted my partner Elizabeth Litten and me in Medical Practice Compliance Alert in her article entitled “MIPS, OSHA, other compliance trends likely to affect you in 2017.” For her article, Marla asked various health law professionals to make predictions on diverse healthcare matters including HIPAA and enforcement activities. Full text can be found in the January 2017 issue, but excerpts are included below.
Marla also wrote a companion article in the January 2017 issue evaluating the results of predictions she published for 2016. The 2016 predictions appeared to be quite accurate in most respects. However, with the new Trump Administration, we are now embarking on very uncertain territory in multiple aspects of healthcare regulation and enforcement. Nevertheless, with some trepidation, below are some predictions for 2017 by Elizabeth and me taken from Marla’s article.
- The Federal Trade Commission’s encroachment into privacy and security will come into question. Litten said, “The new administration, intent on reducing the federal government’s size and interference with businesses, may want to curb this expansion of authority and activity. Other agencies’ wings may be clipped.” Kline added, “However, the other agencies may try to push back because they have bulked up to handle this increased enforcement.”
- Telemedicine will run into compliance issues. As telemedicine becomes more common, more legal problems will occur. “For instance, the privacy and the security of the information stored and transmitted will be questioned,” says Litten. “There will also be heightened concern of how clinicians who engage in telemedicine are being regulated,” adds Kline.
- The risks relating to the Internet of things will increase. “The proliferation of cyberattacks from hacking, ransomware and denial of service schemes will not abate in 2017, especially with the increase of devices that access the Internet, known as the ‘Internet of things,’ warns Kline. “More devices than ever will be networked, but providers may not protect them as well as they do other electronics and may not even realize that some of them —such as newer HVAC systems, ‘smart’ televisions or security cameras that can be controlled remotely — are also on the Internet and thus vulnerable,” adds Litten. “Those more vulnerable items will then be used to infiltrate providers’ other systems,” Kline observes.
- More free enterprise may create opportunities for providers. “For example, there may not be as much of a commitment to examine mergers,” says Kline. “The government may allow more gathering and selling of data in favor of business interests over privacy and security concerns,” says Litten.
The ambitious and multi-faceted foray by the Trump Administration into the world of healthcare among its many initiatives will make 2017 an interesting and controversial year. Predictions are always uncertain, but 2017 brings new and daunting risks to the prognosticators. Nonetheless, when we look back at 2017, perhaps we may be saying, “The more things change, the more they stay the same.”