Private Insurers


Warning: OCR HIPAA Audits Reveal Widespread Noncompliance
December 23, 2020 | Eric D. Fader | Electronic Health Records | HIPAA | Legislation and Public Policy | Litigation | Private Insurers

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently released an audit report on HIPAA compliance by 166 covered entities and 41 business associates during 2016-2017. The audits included detailed on-site reviews of entities’ documentation and implementation of HIPAA rules. The release of the report may foreshadow increased enforcement activities

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Proposed HIPAA Modification Would Facilitate Care Coordination
December 17, 2020 | Eric D. Fader | Behavioral Health | COVID-19 | Electronic Health Records | HIPAA | Hospitals | Legislation and Public Policy | Private Insurers

A proposed rule released by the U.S. Department of Health and Human Services on December 10 would give healthcare providers more flexibility to share patients’ health information for certain purposes. The rule, titled “Proposed Modifications to the HIPAA Privacy Rule to Support, and Remove Barriers to, Coordinated Care and Individual Engagement,” would loosen HIPAA restrictions

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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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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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A look at 4 value-based care programs
October 5, 2020 | Rivkin Rounds Staff | ACOs | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Private Insurers

A September 30 article in Managed Care Executive, “Are we there yet? A look at 4 value-based care programs,” offered a snapshot of four value-based care programs being undertaken by the Centers for Medicare & Medicaid Services (CMS) and Blue Cross Blue Shield of Massachusetts. Rivkin Radler’s Chris Kutner was quoted in the article.

Chris gave

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Insurer Paid Second Largest HIPAA Settlement Ever
September 29, 2020 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Litigation | Private Insurers

The third HIPAA settlement to be announced by the U.S. Department of Health and Human Services within one week was a big one. On September 25, HHS announced that Premera Blue Cross agreed to pay $6.85 million to HHS’s Office for Civil Rights (OCR) to settle HIPAA violations arising out of a data breach that

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Amazon Enters Health Wearables Market
September 11, 2020 | Eric D. Fader | Electronic Health Records | Home Health | Medical Devices and Wearables | Private Insurers | Telehealth

Amazon recently introduced the Halo fitness tracker, its first entry into the health wearables market currently dominated by Fitbit and the Apple Watch. Amazon’s previous efforts to move into the healthcare industry have included the acquisition of online pharmacy PillPack in 2018, the mysterious Haven initiative with Berkshire Hathaway and JPMorgan Chase, and various other

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Protecting Medical Practices from Physicians’ Sanctions
August 10, 2020 | Rivkin Rounds Staff | Employer/Employee | Litigation | Private Insurers

A recent article in Part B News, “How to craft provider contracts that deal with board sanctions — and protect the practice,” discussed how physician practices can protect themselves against instances in which their doctors get sanctioned by the state medical board. Rivkin Radler’s Chris Kutner was quoted in the article.

Chris pointed out that

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Rivkin Health Attorneys Write the Book on Federal AKS and Safe Harbors
July 10, 2020 | Rivkin Rounds Staff | Electronic Health Records | Employer/Employee | False Claims Act | Fraud and Abuse | Hospitals | Legislation and Public Policy | Litigation | Medical Devices and Wearables | Pharmaceuticals | Private Insurers

Eric Fader, Jeff Kaiser, Chris Kutner, Ada Kozicz and Ben Malerba are authors of the newly released book, “The Federal Anti-Kickback Statute and Safe Harbors: A Practical Guide.”

Published by the American Bar Association, the book covers all safe harbors currently in place, as well as the interplay between the Anti-Kickback Statute (AKS) and other

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Hospital Price Transparency Rule Upheld
June 24, 2020 | Eric D. Fader | Affordable Care Act | Hospitals | Legislation and Public Policy | Litigation | Private Insurers

On June 23, the U.S. District Court for the District of Columbia ruled against the American Hospital Association and other associations and individual hospitals that had sued the U.S. Department of Health and Human Services (HHS) to block a new price transparency rule that will take effect on January 1, 2021. The rule, which was finalized

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