Month: May 2019
May 30, 2019 | Rivkin Rounds Staff | Cybersecurity | Electronic Health Records | HIPAA | Legislation and Public Policy
Rivkin Radler’s Eric Fader and Margarita Christoforou edited the “Health Care Privacy and the Health Insurance Portability and Accountability Act of 1996” chapter in the June 2019 edition of the Thomson Reuters Data Security and Privacy Law treatise. Eric has edited this chapter of the treatise since its 2014 edition.
New material in this year’s
Read MoreMay 28, 2019 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Litigation
The U.S. Department of Health and Human Services (HHS) announced on May 23 that Medical Informatics Engineering, Incorporated (MIE), an Indiana-based online electronic health records company, had agreed to pay HHS’s Office for Civil Rights (OCR) $100,000 to settle HIPAA violations. MIE’s April 23 Resolution Agreement with HHS also provided for the company to enter
Read MoreMay 21, 2019 | Cannabis | Hospitals | Legislation and Public Policy | Pharmaceuticals
On May 10, a new bill was introduced into the New York Senate to expand the state’s medical marijuana program. The overall goal of the bill is to reduce the burdens on patients seeking access to medical marijuana.
The current version of the applicable statute requires that a medical condition be designated as “serious” in
Read MoreMay 15, 2019 | Eric D. Fader | Legislation and Public Policy | Medicare and Medicaid | Pharmaceuticals
On May 8, the U.S. Department of Health and Human Services announced a final rule from the Centers for Medicare & Medicaid Services requiring pharmaceutical companies to disclose the list prices of prescription drugs in television advertisements. The rule will apply to all drugs covered by Medicare or Medicaid that cost at least $35 per
Read MoreMay 8, 2019 | Geoffrey R. Kaiser | False Claims Act | Fraud and Abuse | Legislation and Public Policy | Litigation
On May 7, the U.S. Department of Justice (DOJ) introduced important new guidance for government attorneys explaining how DOJ will award credit to defendants who cooperate during a False Claims Act (FCA) investigation through voluntary self-disclosure, remediation (e.g., disciplining wrongdoers or others who failed in oversight, or implementing or improving an effective compliance program) and/or
Read MoreMay 7, 2019 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Litigation
Touchstone Medical Imaging has agreed to pay $3 million to settle HIPAA violations after an unsecured computer server exposed the medical records of 300,000 patients on Google in 2014. The U.S. Department of Health and Human Services (HHS) announced the settlement on May 6. Touchstone, based in Franklin, Tennessee, provides diagnostic imaging services in Nebraska,
Read MoreMay 6, 2019 | Rivkin Rounds Staff | Fraud and Abuse | Legislation and Public Policy | Litigation | Private Insurers
The New York State Department of Financial Services has filed an amicus brief with the New York Court of Appeals reaffirming its position that a medical professional corporation “is not eligible for reimbursement” under the state’s No-Fault Law “if the provider fails to meet any applicable New York State or local licensing requirement necessary to
Read MoreMay 6, 2019 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Medical Devices and Wearables
The U.S. Department of Health & Human Services’ Office for Civil Rights (OCR) recently issued five new FAQs pertaining to software applications that obtain individuals’ electronic protected health information (ePHI). The FAQs describe various scenarios in which HIPAA covered entities may transmit ePHI to apps, including fitness trackers and other wearables.
In short, a covered entity
Read MoreMay 2, 2019 | Eric D. Fader | Antitrust | Fraud and Abuse | Medicare and Medicaid | Private Insurers
An April 30 article in Managed Care, “Centene, big in Medicaid managed care, wants to get even bigger,” discussed the business plans of Centene, the largest Medicaid managed care insurer in the U.S. Rivkin Radler’s Christopher J. Kutner was quoted in the article.
Centene is hoping that its proposed acquisition of WellCare Health Plans will
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