Recent Publications - Ada Kozicz


Cyber Insurance: Protection for the New Normal
May 9, 2018 | Shari Claire Lewis | Ada Kozicz | Privacy, Data & Cyber Law
Cybersecurity breaches have become commonplace. In 2017, the global economy incurred an estimated loss of over $450 billion for cyber-related crimes and security breaches. It is no longer a question of whether a business will fall victim to a security breach or malware attack, but only a question of when.  A cybersecurity event can have …
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OIG Report Reminds PT Service Providers to Review Billing Practices
April 16, 2018 | Geoffrey R. Kaiser | Ada Kozicz | Health Services | Compliance Investigations & White Collar
A recent report issued by the U.S. Department of Health and Human Services, Office of Inspector General (OIG), estimates that 61% of claims submitted to Medicare for outpatient physical therapy (PT) services failed to comply with Medicare requirements. The OIG report serves as a reminder to PT providers about the importance of accurate billing and …
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Warning from DoH: HIPAA Compliance Doesn’t End When a Business Closes
March 19, 2018 | Benjamin P. Malerba | Ada Kozicz | Health Services
A recent settlement between the U.S. Department of Health and Human Services, Office of Civil Rights (the Department) and Filefax, Inc. serves as a stark reminder for covered entities and business associates that their obligation to comply with the Health Insurance Portability and Accountability Act (HIPAA) does not end simply because they close their business …
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New York Extends Time to File Malpractice Claim
February 21, 2018 | Ada Kozicz | David E. Richman | Medical Malpractice Defense | Health Services
Governor Andrew Cuomo has signed a new law, known as “Lavern’s Law,” that extends the amount of time a patient has to file a medical malpractice claim for a missed cancer or malignant tumor diagnosis. Patients now have 2 1/2 years to file a claim from the date the misdiagnosis is discovered by the patient, …
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CMS Updates Its Position on Texting Patient Information
January 11, 2018 | Health Services
Recognizing that texting has become a valuable and essential means of communication among providers, the Centers for Medicare and Medicaid Services (CMS) recently issued new guidance regarding its position on texting of patient information. The guidance clarifies that texting patient information may be permissible if certain security standards are met, but it also distinguishes between …
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The Status of Telemedicine Reimbursement
December 20, 2017 | Benjamin P. Malerba | David E. Richman | Ada Kozicz | Health Services
Benjamin Malerba, David Richman and Ada Kozicz wrote an article published in Health eSource, a publication of the American Bar Association’s Health Law Section entitled, “The Status of Telemedicine Reimbursement: States’ Efforts to Incentivize Providers to Utilize Telehealth Technologies.” The article centers on the importance of creating legislation that will provide insurance reimbursement for telemedicine, as a means to …
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Year-End Deadline for NY Medicaid Providers and Third-Party Billers
December 13, 2017 | Benjamin P. Malerba | Ada Kozicz | Health Services
New York State Medicaid providers who claim, order or receive at least $500,000 from the Medicaid Program in any consecutive 12-month period have until December 31 to certify that they have implemented a compliance program aimed at detecting and preventing Medicaid fraud, waste and abuse. This requirement also applies to third-party billing companies that bill …
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New York Legislature Broadens Telehealth Services Coverage for Adult Care Facilities
October 16, 2017 | Privacy, Data & Cyber Law | Health Services
New York continues to drive legislative reform to promote telehealth services – clinical healthcare provided remotely through information technology. Most recently the state legislature passed a bill that expands the definition of “originating sites” where telehealth services may be provided to Medicaid patients in an effort to lower costs and health risks. For background, in …
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Delayed Notification of a PHI Breach Runs Afoul of HIPAA and State Law
August 17, 2017 | Benjamin P. Malerba | Ada Kozicz
New York Attorney General Eric Schneiderman recently announced a settlement with healthcare services company CoPilot Provider Support Services, Inc. (“CoPilot”), which was charged with unlawfully delaying patient notification of a data breach that involved more than 220,000 patient records. CoPilot waited over a year to notify patients of the breach of their protected health information. …
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OIG Clarifies Hospitals’ Obligations to Patients with Psychiatric Emergencies
August 9, 2017 | Benjamin P. Malerba | Ada Kozicz | Health Services
The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) recently entered into a settlement with AnMed Health (“AnMed”), a South Carolina hospital, for over $1.2 million for a violation of the Emergency Medical Treatment and Labor Act (“EMTALA”). The settlement serves as an important reminder and clarification on the obligations imposed …
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NY’s Highest Court Hears Arguments on Physician-Assisted Suicide
July 21, 2017 | Benjamin P. Malerba | Ada Kozicz | Health Services
The New York Court of Appeals recently heard arguments in the Myers v. Schneiderman lawsuit, which challenges the legality of physician assisted suicide and whether a patient should have the right to choose a peaceful death on his or her own terms. As the law currently stands, New York Penal Law Section 125.15 prohibits physician-assisted …
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.health Domain Name Now Available for Trademark Holders
June 8, 2017 | Health Services
Dothealth LLC, the company that operates the official registry for the .health domain name, has announced the first phase of .health’s public launch. During this initial “Sunrise Phase” trademark owners that are registered with ICANN’s Trademark Clearinghouse will have the first opportunity to register for the new domain name. This phase is open now through …
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OMIG Releases Work Plan for 2017-2018
May 15, 2017 | Health Services
The New York State Office of Inspector General (“OMIG”) has released its Work Plan for its new fiscal year, April 1, 2017 – March 31, 2018. The Work Plan summarizes new and ongoing activities OMIG will prioritize in the upcoming year, all of which aim to achieve three over-arching objectives: (i) enhance provider compliance; (ii) …
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NY Continues to Increase Access to Medical Marijuana
April 18, 2017 | Health Services
Under New York’s medical marijuana program, which is tightly regulated by the New York Department of Health (“DOH”), patients with serious medical conditions can become certified for use of medical marijuana under the supervision of a licensed healthcare provider. As of March 2017, DOH added two enhancements to the program to increase patient access. First, …
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CMS and OMIG Provide Guidance on Combating Opioid Epidemic
February 15, 2017 | Health Services
The Healthcare Fraud Prevention Partnership (“HFPP”), in conjunction with the U.S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services (“CMS”), has recently issued a White Paper that outlines recommended actions to reduce opioid misuse and opioid-use disorders (“OUDs”) in the United States. It has been estimated that prescription opioid …
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N.Y. Announces Revisions and Delayed Implementation of Cyber Regulations
January 12, 2017 | Privacy, Data & Cyber Law
In September 2016, New York Governor Andrew Cuomo announced a new regulation that would require banks and insurers to implement cyber security programs. Specifically, the proposed regulation required covered entities, defined as any entity operating under a license or other authorization required by New York’s banking, insurance or financial services law, to establish and maintain …
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Reminder to New York Medicaid Providers: Certification of Compliance Program Must be Completed by December 31, 2016
November 11, 2016 | Health Services
New York State Medicaid providers who claim, order or receive at least $500,000 in any consecutive 12-month period from the Medicaid Program are required to implement a compliance program aimed at detecting and preventing Medicaid fraud, waste and abuse. This requirement also applies to third party billing companies that bill or receive the threshold amount …
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As Authorities Crack Down on Cyber Security Attacks, U.S. Copyright Office Lifts Ban on Hacking Your Own Devices
November 11, 2016 | Privacy, Data & Cyber Law
The U.S. Copyright Office (the “Office”) has recently issued an exemption to the Digital Millennium Copyright Act (the “Act”), which prohibits users from hacking their own digital devices. Pursuant to 17 U.S.C. § 702, the Office is authorized to promulgate rules and regulations regarding copyright policies and other intellectual property issues. The Act was first …
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OCR Announces Increased Investigation of Small HIPAA Breaches
October 14, 2016 | Privacy, Data & Cyber Law
The U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) recently announced a new initiative to investigate the causes of “small breaches” under the Health Insurance Portability and Accountability Act (“HIPAA”) that involve the protected health information (“PHI”) of fewer than 500 individuals. OCR has discretion in deciding which breaches to …
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New Guidance on HIPAA and Cloud Computing Issued by the Department of Health and Human Services
October 14, 2016 | Privacy, Data & Cyber Law
As the health care industry continues to utilize new cloud computing technologies, the U.S. Department of Health and Human Services (“HHS”) issued guidance on how such technologies can be implemented while remaining compliant with the HIPAA Privacy, Security and Breach Notification Rules (the “ HIPAA Rules”). Specifically, HHS explained that when covered entities or business …
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CMS Offers Flexibility for Physician Participation in MACRA
October 14, 2016 | Health Services
Pursuant to the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”), in April 2016, the U.S. Department of Health and Human Services issued a proposed rule that will require physicians who receive Medicare payments to participate in one of two payment programs: (1) the Merit-Based Incentive System (“MIPS”); or (2) the Alternative Payment Models …
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HIPAA Phase 2 Audit Protocol: Would Your Client Pass the Test?
September 22, 2016 | Health Services
Benjamin Malerba’s and Ada Kozicz’s article entitled HIPAA Phase 2 Audit Protocol: Would Your Client Pass the Test was published by the American Bar Association. The United States Department of Health and Human Services’ Office for Civil Rights (OCR) recently released its protocol for the next phase of audits that will be conducted throughout the second …
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New York Proposes Cyber Security Regulations for Banks and Insurers
September 16, 2016 | Privacy, Data & Cyber Law
On September 13, 2016, New York Governor, Andrew Cuomo, announced a new regulation that would require banks and insurers to implement cyber security programs. The regulation is the first of its kind not only in New York but in all of the United States. While the regulation would only apply to banks and insurers licensed …
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New Bill Proposed in Senate to Regulate Upper Endoscopic Procedures
May 26, 2016 | Health Services
A new bill has been introduced in the New York Senate that would require the Department of Health to promulgate rules governing all upper endoscopic procedures, including all examinations of vocal cords, esophagus, and stomach that utilize a flexible endoscopic instrument. Approximately ten million upper endoscopic procedures are performed in the United States each year. …
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Office of Medicaid Inspector General Releases Work Plan for 2016-2017
May 26, 2016 | Health Services
The New York State Office of the Medicaid Inspector General (“OMIG”) released its Work Plan for fiscal year 2016-2017 (the “Plan”) summarizing new and ongoing activities that OMIG will prioritize in the upcoming year. The Plan includes auditing, outreach and compliance initiatives to enhance Medicaid beneficiaries’ access to high-quality and cost-effective health care and prevent …
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Department of Health and Human Services Proposes Changes to Confidentiality Rules for Substance Abuse Patient Records
April 12, 2016 | Health Services
The Substance Abuse and Mental Health Services Administration (SAMHSA), a branch of the federal Department of Health and Human Services (HHS), has published a proposed rule that would amend 42 CFR Part 2 (commonly referred to as “Part 2”) which governs confidentiality of drug and alcohol abuse patient records. Part 2 was last revised in …
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OIG Work Plan for 2016
January 1, 2016 | Health Services
The Department of Health and Human Services, Office of Inspector General (“OIG”) has released its Work Plan for Fiscal Year 2016 (“Plan”). The Plan summarizes new and ongoing audits, investigations and evaluations that OIG will prioritize in the upcoming year. While many of the areas of focus addressed in the Plan are similar to those …
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