RECENT HEALTH LAW NEWS


Best Practices for Virtual Court Hearings in Hospitals
November 18, 2020 | Frank P. Izzo | COVID-19 | 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 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 | COVID-19 | 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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Psychedelic Therapy Training Program Launched
October 19, 2020 | Rivkin Rounds Staff | Behavioral Health | FDA | Hospitals | Pharmaceuticals

Mind Medicine, Inc. (MindMed) and NYU Langone Medical Center (NYU) recently announced a joint project to launch a clinical training program focused on psychedelic-assisted therapies and psychedelic-inspired medicines. MindMed, a psychedelic drug startup, is studying the use of hallucinogenic drugs in the treatment of mental health conditions. This venture is the first step in establishing a

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Health Providers Get More Time to Repay Medicare Loans
October 15, 2020 | Rivkin Rounds Staff | COVID-19 | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Nursing Homes

On October 8, the Centers for Medicare & Medicaid Services (CMS) released new details on repayment terms for the Medicare Accelerated and Advance Payments Program, a loan program that sent aid to Medicare Part A providers and certain Part B suppliers to help the ease the financial burdens caused by the COVID-19 pandemic. CMS also

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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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