OIG: Hospitals Need to Improve Oversight of Cybersecurity for Networked Medical Devices
June 29, 2021 | Eric D. Fader | Cybersecurity | Electronic Health Records | Hospitals | Legislation and Public Policy | Medical Devices and Wearables | Medicare and Medicaid
On June 23, the Department of Health and Human Services Office of Inspector General (OIG) posted on its website an Issue Brief entitled “Medicare Lacks Consistent Oversight of Cybersecurity for Networked Medical Devices in Hospitals.” According to the OIG, the Centers for Medicare & Medicaid Services should amend interpretative guidelines or other nonbinding guidelines, or …
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NY Telehealth Waivers End
June 25, 2021 | Eric D. Fader | Legislation and Public Policy | Telehealth
New York’s State Disaster Emergency declaration, which had been extended through June 24 through a series of Executive Orders by Gov. Andrew Cuomo, has expired. Among many other things, the Executive Orders had removed certain restrictions on the provision of telehealth services. For example, since March 18, 2020, Gov. Cuomo’s Executive Order No. 202.5 had …
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COVID-19 and Legal Chaos Dent CBD Market
June 17, 2021 | Rivkin Rounds Staff | Cannabis | FDA | Legislation and Public Policy
Rivkin Radler’s Marc Ullman was quoted in the NutraIngredients-USA article, “COVID-19 and legal chaos dent CBD market – but Congress and a stronger economy offer hope.” The article discusses the state of the CBD market amid the COVID-19 pandemic and legal battles. “The market is a mess and the FDA doesn’t want to clean up the mess …
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Sham Speaker Fees Lead to Jail Term
June 17, 2021 | Eric D. Fader | False Claims Act | Fraud and Abuse | Litigation | Pharmaceuticals
On June 16, Jeffrey Goldstein, a former Manhattan physician, was sentenced to 57 months in prison for taking $196,000 in kickbacks from Insys Therapeutics, a defunct Arizona-based opioid manufacturer. Goldstein pled guilty to conspiracy in 2019 for accepting purported “speaker fees” from Insys in 2013-15 to prescribe the company’s fentanyl spray, Subsys. Goldstein was one …
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OCR’s HIPAA Right of Access Initiative Continues
June 11, 2021 | 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 (OCR) has pursued its HIPAA Right of Access Initiative since 2019. OCR’s 19th settlement under the initiative, with The Diabetes, Endocrinology & Lipidology Center, Inc. (DELC), curiously resulted in only a $5,000 fine. The West Virginia provider treats patients who have endocrine disorders. …
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Acting Medicaid IG Frank Walsh Shares Agency’s Priorities
June 2, 2021 | Robert Hussar | Ashley (Osadon) Algazi | Fraud and Abuse | Legislation and Public Policy | Medicare and Medicaid
On May 13, Rivkin Radler partner, and former OMIG First Deputy, Robert Hussar kicked off Rivkin Radler’s new Healthcare Compliance Lunch and Learn Series. He interviewed Frank T. Walsh, Jr., who offered his first public comments since assuming his role as Acting NYS Medicaid Inspector General (pending State Senate confirmation). Mr. Walsh provided health care …
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How to Avoid False Claims Act Violations
June 1, 2021 | Rivkin Rounds Staff | COVID-19 | Employer/Employee | False Claims Act | Fraud and Abuse | Hospitals | Litigation | Medicare and Medicaid | Telehealth
On June 10, Rivkin Radler partner Bob Iseman will discuss False Claims Act (FCA) compliance in the next installment of the firm’s Healthcare Compliance Lunch & Learn series, “How to avoid False Claims Act violations.” The webinar registration page is here. The FCA applies to any person or entity doing business with the federal government. Every …
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