New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

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Health Care & Insurance; Authorizations & Regulations

Letter From ACE to Senate Party Leaders on the Better Care and Reconciliation Act of 2017 (June 27, 2017)

Letter from the American Council on Education (ACE), signed by 18 additional higher education organizations, to the Senate Majority and Minority leaders expressing concerns about the Senate’s Better Care Reconciliation Act of 2017 and the negative impact it may have on postsecondary institutions. ACE specifically cites the bill’s proposed cuts to Medicaid, the repeal of the Medicaid expansion, and other, long-term changes to Medicaid as having the potential for harmful effects on the funding available for higher education. The letter also states that the bill will  increase pressure on academic medicine and teaching hospitals, and result in the loss of access to health coverage among students. The letter concludes by urging the Senate to pursue an alternative approach that “fixes current problems without creating new ones.” 

HIPAA; Health Care & Insurance; Compliance & Risk Management

Department of Health and Human Service's Office of Civil Rights and University of Washington Medicine Enter Resolution Agreement

Settlement entered into between the University of Washington and the Department of Health and Human Services (HHS) to resolve a HIPAA security breach stemming from unsecured electronic protected health information. HHS determined that UW Medicine failed to implement policies and procedures to prevent, detect, contain, and correct security violations. The University agreed to pay $750,000 as part of the resolution and enter into a corrective action plan set forth by the HHS.
Health Care & Insurance

Comment on the Notice of Benefit and Payment Parameters for 2017

Comment submitted by a group of ten higher education associations to the Centers for Medicare and Medicaid Services on the agency's annual rule that sets out policy for the Patient Protection and Affordable Care Act (ACA) (Pub. L. 111-148). The comment expresses support for the proposed regulations that would permit insurance issuers to establish separate risk pools for student health insurance coverage, in addition to the proposed exemption of student health insurance coverage from the general actuarial value requirements under Section 1302(d) of the ACA, stating that the proposals "will help ensure that students and their families have sufficient information about the value and benefits offered in a [Student Health Insurance Coverage] plan to make informed decisions about a student's health insurance coverage." The comment concludes by urging the agency explore ways to prevent insurance issuers from passing the costs of these requirements onto colleges and universities.