FCA Ruling: Proof of Falsity Needed to Show Fraud
September 16, 2019 | Geoffrey R. Kaiser | False Claims Act | Fraud and Abuse | Hospitals | Legislation and Public Policy | Litigation | Medicare and Medicaid
Last week, the 11th Circuit Court of Appeals handed down its long-awaited decision in United States v. AseraCare, Inc. The case, brought under the False Claims Act (FCA) and argued way back in March 2017, alleged that AseraCare, a for-profit multi-state hospice chain, had submitted false claims to the Medicare program for patients who were …
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Tech Giants Continue Healthcare Advances
September 11, 2019 | Eric D. Fader | Electronic Health Records | Hospitals | Medical Devices and Wearables | Telehealth
Mayo Clinic announced a 10-year strategic partnership with Google that aims to “accelerate the pace of health care innovation through digital technologies.” Mayo Clinic intends to use advanced cloud computing, data analytics, machine learning and artificial intelligence (AI) to improve its delivery of care, including, for example, using AI-enabled digital diagnostics to advance virtual care. …
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HIPAA Access Violation Results in Settlement
September 10, 2019 | Eric D. Fader | Electronic Health Records | HIPAA | Hospitals | Litigation
The U.S. Department of Health and Human Services (HHS) announced on September 9 that Bayfront Health St. Petersburg (Bayfront), a 480-bed Florida hospital, has paid HHS’s Office for Civil Rights (OCR) $85,000 to settle a potential violation of HIPAA’s right of access provisions. Bayfront’s Resolution Agreement with HHS also provided for the company to enter into a one-year …
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Fader to Speak at IONM Conference
August 29, 2019 | Rivkin Rounds Staff | Hospitals | Medical Devices and Wearables
Rivkin Radler’s Eric Fader will be speaking at the American Society of Neurophysiological Monitoring’s Fall Symposium in Boston, September 14-15. The Symposium’s theme is “Improving the Quality of Neuromonitoring Practice” and Eric’s presentation will be entitled “Current Legal Issues in IONM: Minimizing Risks.” Eric is one of the few healthcare attorneys in the U.S. with …
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Study Reveals Widespread HIPAA Access Violations
August 22, 2019 | Eric D. Fader | Electronic Health Records | HIPAA | Hospitals
A recent study of 51 healthcare providers and 3,003 institutions, published last week on the medRXiv website, revealed widespread noncompliance with HIPAA requirements regarding patients’ right of access to their own medical records. The study was conducted on behalf of Ciitizen Corporation, a medical records storage platform for patients. The researchers sent record requests to …
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NY DOH Revises Policy for ASC Approval
August 6, 2019 | Benjamin P. Malerba | Ada Kozicz | Hospitals | Legislation and Public Policy
The New York State Department of Health (DOH) recently revised its policy regarding the review and approval process for Certificate of Need (CON) applications for ambulatory surgery centers (ASCs). The DOH’s current public need criteria favor the approval of new ASCs because they allow patients to obtain safe, low-cost and convenient surgical services outside a …
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Pharma Ads Target Smartphone Users in Waiting Rooms
July 9, 2019 | Eric D. Fader | HIPAA | Hospitals | Pharmaceuticals
FiercePharma reports that patients in doctor’s office waiting rooms who use the office Wi-Fi network may now receive targeted pharmaceutical ads on their smartphones. Semcasting, Inc., a Massachusetts-based data provider, uses a technology called Smart Zones that can deliver messages to the entire audience at a business’s IP address. The digital ad delivery is far …
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Medical Practitioners Call for Change to Massachusetts Marijuana Regulations
June 10, 2019 | Mark J. Wagner Jr. | Cannabis | Hospitals | Legislation and Public Policy
More than 40 physicians, clinicians and researchers from Harvard Medical School, Massachusetts General Hospital and other institutions issued a 16-page Statement of Concern to Massachusetts lawmakers requesting that the Commonwealth’s Cannabis Control Commission suspend processing new business licenses and conduct a public health assessment of its “Social Equity Program.” These practitioners are criticizing the inadequacy …
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Supreme Court Sides with Hospitals on Change in Medicare DSH Payments
June 6, 2019 | Margarita Christoforou | Hospitals | Legislation and Public Policy | Litigation | Medicare and Medicaid
In a 7-1 decision, the U.S. Supreme Court ruled on June 3 that the Department of Health and Human Services (HHS) may not adjust the rates it pays hospitals for serving low-income patients without first giving them an opportunity to comment on the changes. The Medicare Act requires public notice and a 60-day comment period …
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NYS Senate Bill Would Expand Medical Marijuana Program
May 21, 2019 | Cassandra Rivais DiNova | Mark J. Wagner Jr. | 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 …
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