RECENT HEALTH LAW NEWS


What to Do When Malpractice Allegations Become Defamation
November 24, 2020 | Rivkin Rounds Staff | Litigation
A recent article in Healthcare Risk Management, “What to Do When Malpractice Allegations Become Defamation,” discussed the different types of defamation, including unfounded statements posted online by patients. Rivkin Radler’s David Richman was quoted extensively in the article. …
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Final Stark Law and Anti-Kickback Rules Released
November 24, 2020 | Eric D. Fader | Fraud and Abuse | Legislation and Public Policy | Medicare and Medicaid
On November 20, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services’ Office of Inspector General (OIG) announced the issuance of long-awaited final rules to modernize the Stark Law and federal Anti-Kickback Statute (AKS). Proposed changes, intended to promote value-based arrangements for providers and coordinated care for patients, …
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OIG Issues Special Fraud Alert on Speaker Programs
November 20, 2020 | Eric D. Fader | Fraud and Abuse | Legislation and Public Policy | Litigation | Medical Devices and Wearables | Medicare and Medicaid | Pharmaceuticals
The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) issued a Special Fraud Alert on November 16, warning that speaker programs organized by pharmaceutical and medical device companies pose inherent fraud and abuse risks. OIG is “skeptical about the educational value of such programs” and cautioned that remuneration to referring practitioners …
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Best Practices for Virtual Court Hearings in Hospitals
November 18, 2020 | Frank P. Izzo | Cassandra Rivais DiNova | Hospitals | Litigation
The COVID-19 pandemic has had another, less-discussed effect on hospitals. Hearings that traditionally take place in hospitals – such as guardianships, retention, medication over objection, or assisted outpatient hearings – have shifted to a virtual platform. Below are some considerations for hospital personnel participating in virtual hearings. (1) Familiarize yourself with the technology Due to …
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Medtronic Settles Kickback and Open Payments Violations for $9.2M
November 13, 2020 | Eric D. Fader | Affordable Care Act | False Claims Act | Fraud and Abuse | Litigation | Medical Devices and Wearables | Medicare and Medicaid
The U.S. Department of Justice (DOJ) announced on October 29 that Medtronic USA Inc. agreed to pay $8.1 million to settle allegations that it violated the False Claims Act (FCA) and federal Anti-Kickback Statute by paying kickbacks to a South Dakota neurosurgeon to use Medtronic’s medical devices. Medtronic will pay an additional $1.11 million for …
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New Haven Settles HIPAA Breach for $202K
November 11, 2020 | Eric D. Fader | Electronic Health Records | HIPAA | Litigation
The city of New Haven, Connecticut recently agreed to pay $202,400 to the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) to settle multiple HIPAA violations in connection with a 2016 incident at the city’s public health clinic. OCR announced the settlement on October 30. In January 2017, the New Haven …
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Significant Changes to Simplify the OMIG Annual Compliance Certification Process
November 10, 2020 | Ashley (Osadon) Algazi | Legislation and Public Policy | Medicare and Medicaid
The New York State Office of the Medicaid Inspector General (OMIG) instituted changes to its annual compliance certification process, effective immediately. These changes apply to those Medicaid, Managed Medicaid, and Service Bureau providers subject to the mandatory compliance program requirements in Section 363-d of the New York State Social Services Law (SSL) and the Deficit …
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New Relief Funds; Eased Lending Terms for Accelerated Payments
October 30, 2020 | Rivkin Rounds Staff | Behavioral Health | 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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