RECENT HEALTH LAW NEWS


Court Throws Out Fee Policies for Medical Record Sharing
February 24, 2020 | Rivkin Rounds Staff | HIPAA | Legislation and Public Policy | Litigation

A recent article in Part B News, “Court throws out fee policies for medical record sharing; watch for new rules,” discussed the recent court decision in Ciox Health, LLC v. Alez Azar, et al., which led to the U.S. Department of Health and Human Services modifying its guidance regarding charging fees for access to patient

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Feb. 29 is Data Breach Reporting Deadline
February 20, 2020 | Eric D. Fader | Cybersecurity | Electronic Health Records | HIPAA | Legislation and Public Policy

The HIPAA Breach Notification Rule requires that smaller data breaches – those involving fewer than 500 patient records – must be reported to the U.S. Department of Health and Human Services (HHS) no later than 60 days after the end of the calendar year in which the breach occurred. This year, the reporting deadline is

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HHS: No Exceptions to HIPAA Obligations for Coronavirus Info
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

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OCR Modifies HIPAA Guidance for Sending PHI to Third Parties
February 12, 2020 | Ada Janocinska | Electronic Health Records | HIPAA | Legislation and Public Policy | Litigation

In response to a recent federal court decision, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has modified its guidance regarding certain obligations imposed on covered entities when responding to individuals’ requests to send their protected health information (PHI) to third parties. In short, covered entities are no longer required

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Mass. Court: EHR Software Not Discriminatory
February 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

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NYS to Publicize Physician Misconduct Investigations
January 30, 2020 | Eric D. Fader | Fraud and Abuse | Legislation and Public Policy

New York Gov. Andrew Cuomo’s 2020 State of the State Agenda includes a proposal entitled “strengthening the oversight of physicians and other medical professionals to protect patients.” The proposal includes reforms to the procedures of the state Department of Health’s Office of Professional Medical Conduct (OPMC).

The most controversial portion of the proposal would allow

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NJ Bills Preserve ACA Protections
January 28, 2020 | Eric D. Fader | Affordable Care Act | Behavioral Health | Legislation and Public Policy | Private Insurers

New Jersey Governor Phil Murphy recently signed into law a package of nine bills that will preserve for state residents many of the provisions of the Affordable Care Act (ACA) even if the ACA itself is ultimately found unconstitutional. The new laws continue a trend among Democratic states that was previously discussed on Rivkin Rounds

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OIG Issues Advisory Opinion on Discounted Training
January 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

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Medical Equipment Co. to Pay $37.5M to Settle Kickback Claims
January 17, 2020 | Eric D. Fader | False Claims Act | Fraud and Abuse | Litigation | Medical Devices and Wearables | Medicare and Medicaid

The U. S. Department of Justice (DOJ) announced on January 15 that ResMed Corp., a San Diego-based manufacturer of durable medical equipment, will pay $37.5 million to the federal government to settle five qui tam (whistleblower) cases under the False Claims Act (FCA) alleging that ResMed paid kickbacks to DME suppliers, sleep labs and other

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DOJ Reports $3 Billion in 2019 False Claims Act Recoveries
January 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

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