New Relief Funds; Eased Lending Terms for Accelerated Payments
October 30, 2020 | Rivkin Rounds Staff | Behavioral Health | COVID-19 | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Nursing Homes

An October 22 article in Part B News, “Welcome third round HHS relief funds, eased lending terms for accelerated payments,” discussed the Centers for Medicare & Medicaid Services’ Accelerated and Advance Payment Program (recently discussed here) and the Department of Health and Human Services’ CARES Act Provider Relief Program (recently discussed here). Rivkin Radler’s Eric

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NY Spine Settles HIPAA Right of Access Violation for $100K
October 27, 2020 | Eric D. Fader | Electronic Health Records | HIPAA | Legislation and Public Policy | Litigation

The U.S. Department of Health and Human Services’ Office for Civil Rights’ HIPAA Right of Access Initiative has claimed another victim. HHS announced on October 9 that NY Spine Medicine, a private neurology and pain management practice with offices in Manhattan and Miami Beach, agreed to pay a $100,000 penalty for failing to provide patients

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$50 Million Stark Settlement Shows Risk of Violation, Whistleblowers
October 21, 2020 | Rivkin Rounds Staff | False Claims Act | Fraud and Abuse | Hospitals | Litigation | Medicare and Medicaid

An article in the November issue of Healthcare Risk Management, “$50 Million Stark Settlement Shows Risk of Violation, Whistleblowers,” discussed Wheeling Hospital’s $50 million settlement with the U.S. Department of Justice (DOJ) that resolved a whistleblower complaint filed in 2017 by a former executive of the hospital. Rivkin Radler’s Jeff Kaiser was quoted in the

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Psychedelic Therapy Training Program Launched
October 19, 2020 | Rivkin Rounds Staff | Behavioral Health | FDA | Hospitals | Pharmaceuticals

Mind Medicine, Inc. (MindMed) and NYU Langone Medical Center (NYU) recently announced a joint project to launch a clinical training program focused on psychedelic-assisted therapies and psychedelic-inspired medicines. MindMed, a psychedelic drug startup, is studying the use of hallucinogenic drugs in the treatment of mental health conditions. This venture is the first step in establishing a

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Health Providers Get More Time to Repay Medicare Loans
October 15, 2020 | Rivkin Rounds Staff | COVID-19 | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Nursing Homes

On October 8, the Centers for Medicare & Medicaid Services (CMS) released new details on repayment terms for the Medicare Accelerated and Advance Payments Program, a loan program that sent aid to Medicare Part A providers and certain Part B suppliers to help the ease the financial burdens caused by the COVID-19 pandemic. CMS also

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Tips for Buying the Right Malpractice Coverage
October 13, 2020 | Rivkin Rounds Staff | Litigation | Private Insurers

An October 9 article in Medical Economics, “Tips for buying the right malpractice coverage,” discussed factors physicians should consider when choosing a malpractice insurance policy. Rivkin Radler’s Chris Kutner was quoted in the article.

Chris suggested that physicians compare policies from both commercial carriers and risk retention groups, which are liability insurance companies owned by

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CA Lab Pays $3 Million to Settle FCA Case
October 12, 2020 | Rivkin Rounds Staff | False Claims Act | Fraud and Abuse | Litigation | Medicare and Medicaid

On October 2, the U.S. Department of Justice (DOJ) announced that Phamatech, Inc. and its CEO have agreed to pay $3,043,484 to settle alleged False Claims Act (FCA) allegations. San Diego-based Phamatech, a medical technology company that manufactures diagnostic devices and provides laboratory testing, allegedly submitted false claims to Medicare for drug-testing services.

In addition

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Anthem Agrees to $48 Million Multi-State Settlements Over 2014 Data Breach
October 9, 2020 | Ada Janocinska | Cybersecurity | Electronic Health Records | HIPAA | Litigation | Private Insurers

Health insurer Anthem, Inc. has finally reached a settlement with a coalition of 41 states plus the District of Columbia, and a separate settlement with California, to resolve state attorney general investigations of a data breach that occurred in 2014. Anthem has agreed to pay the states a total monetary penalty of $48.2 million.

The

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FDA Announces Digital Health Center of Excellence
October 7, 2020 | Electronic Health Records | FDA | Home Health | Legislation and Public Policy | Medical Devices and Wearables | Telehealth

On September 22, the U.S. Food and Drug Administration (FDA) announced the launch of its Digital Health Center of Excellence within the Center for Devices and Radiological Health. The FDA called this an important step toward its goal of advancing digital health technology, including mobile health (mHealth), health information technology, wearable devices, telehealth, and personalized

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Ullman to be Panelist at COVID-19 Webinar for Practitioners on 10/7
October 6, 2020 | Rivkin Rounds Staff | COVID-19 | FDA | Fraud and Abuse | Legislation and Public Policy

In the words of the American Association of Naturopathic Physicians: “Since March, the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) have been aggressive in policing online language about COVID—and with good reason! Fraudulent products and false claims abound.” In one such instance, discussed here, the U.S. Department of Justice charged a physician with

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