Hospitals
February 14, 2020 | Eric D. Fader | COVID-19 | Electronic Health Records | HIPAA | Hospitals | Legislation and Public Policy
The U.S. Department of Health and Human Services (HHS) recently issued a Bulletin confirming that healthcare entities’ HIPAA obligations continue to apply even in public health emergencies. The February 2020 “HIPAA Privacy and Novel Coronavirus” Bulletin reminds HIPAA covered entities and their business associates that HIPAA Privacy Rule and Security Rule requirements remain in place
Read MoreFebruary 6, 2020 | Eric D. Fader | Electronic Health Records | Employer/Employee | Hospitals | Litigation
On January 31, a federal court in Massachusetts dismissed a lawsuit brought by the National Federation of the Blind (NFB) against Epic Systems Inc., that claimed that Epic’s electronic health records (EHR) software discriminates against blind hospital employees. The NFB had sued Epic on behalf of NFB members who allegedly suffered adverse employment actions because
Read MoreJanuary 21, 2020 | Ada Janocinska | Fraud and Abuse | Hospitals | Legislation and Public Policy | Medicare and Medicaid
In a recent Advisory Opinion, the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) approved a proposed arrangement whereby a hospital would offer discounted training to employees of one of the hospital’s referral sources, a local fire department.
The hospital is part of a non-profit health system that offers clinical training
Read MoreJanuary 14, 2020 | Eric D. Fader | False Claims Act | Fraud and Abuse | Hospitals | Litigation | Medical Devices and Wearables | Medicare and Medicaid | Pharmaceuticals
The U.S. Department of Justice (DOJ) announced last week that in the fiscal year ended September 30, 2019, it obtained more than $3 billion in total recoveries from civil cases brought under the False Claims Act (FCA). The total, a slight increase from the $2.9 billion recovered in the prior fiscal year, included both settlements
Read MoreJanuary 6, 2020 | Margarita Christoforou | Cybersecurity | Electronic Health Records | HIPAA | Hospitals | Litigation
Alabama’s DCH Health System is facing a federal lawsuit filed by some former patients who allege it was negligent in discovering and responding to a ransomware attack on its computer system. In addition to negligence, the complaint accuses DCH of invasion of privacy, breach of contract and breach of fiduciary duty, among other things. The
Read MoreDecember 26, 2019 | Eric D. Fader | Hospitals | Medicare and Medicaid
A December 16 report by the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) estimated that the Centers for Medicare & Medicaid Services (CMS) made tens of millions of dollars of inflated Medicare electronic health record (EHR) incentive payments over a four-year period. OIG examined a sample of 99 payments made
Read MoreDecember 23, 2019 | Eric D. Fader | Antitrust | Hospitals | Litigation | Private Insurers
Sutter Health, a northern California health system, will pay $575 million to settle allegations that it violated federal antitrust laws. The settlement comes on the heels of Sutter’s recent $45 million settlement of alleged Stark Law violations, as discussed here.
Under the preliminary settlement, which is pending court approval, Sutter will be required to reform
Read MoreDecember 19, 2019 | Eric D. Fader | Electronic Health Records | HIPAA | Hospitals | Litigation
A Florida primary care and pain management practice that calls itself Korunda Medical Institute has paid the federal government $85,000 to settle a violation of HIPAA’s right of access provisions. The U.S. Department of Health and Human Services (HHS) announced the settlement on December 12.
A Korunda patient filed a complaint with HHS’s Office for
Read MoreDecember 10, 2019 | Eric D. Fader | HIPAA | Home Health | Hospitals | Litigation
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced on November 27 that Sentara Healthcare agreed to pay $2.175 million to settle allegations that it failed to properly report a breach of protected health information. Sentara operates 12 acute care hospitals and provides other types of care at more than
Read MoreDecember 9, 2019 | Rivkin Rounds Staff | Fraud and Abuse | Home Health | Hospitals | Legislation and Public Policy | Medicare and Medicaid
The annual December 31st deadline for certain Medicaid providers and third-party billers to certify as to the effectiveness of their compliance program is fast approaching.
New York State Medicaid providers and third-party billing companies who claim, bill, order or receive at least $500,000 in any consecutive 12-month period from the Medicaid Program or Managed Medicaid
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