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HTMLEven in Privacy Cases, Risk of Injury Does not Always Equal Injury
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 18, 2014, previously published on July 16, 2014
It’s an ancient conundrum; if a tree falls in the forest, and no one is there to hear it, does it make a sound? Privacy litigation may well offer the closest jurisprudential equivalent; if data is stolen, but no one does anything with it, has there been an injury? A recent Illinois state...

 

HTMLUpdate on APRN Supervision Rules for Hospitals with Physician Practices
Emily Black Grey, Jacob Simpson; Breazeale, Sachse & Wilson, L.L.P.;
Legal Alert/Article
July 18, 2014, previously published on June 2014
Hospitals with physician practices should be mindful of the requirements for supervision of mid-level practitioners in light of the dynamic regulatory environment relating to physician supervision of Advance Practice Registered Nurses (APRNs). There are potential changes to APRN supervision...

 

HTMLSEC's MCDC Initiative - The Clock is Ticking
David Y. Bannard; Foley & Lardner LLP;
Legal Alert/Article
July 18, 2014, previously published on July 14, 2014
Not-for-profit health care providers that have borrowed on a tax-exempt basis within the last five years should be aware of the Securities and Exchange Commission’s (SEC) Municipalities Continuing Disclosure Cooperation (“MCDC”) Initiative. The MCDC Initiative applies to municipal...

 

HTMLLarge Employers Face New ACA Reporting Requirements
Kaufman Canoles A Professional Corporation;
Legal Alert/Article
July 18, 2014, previously published on Summer 2014
The Patient Protection and Affordable Care Act (ACA) mandates that “large employers” offer adequate and affordable health coverage to all full-time employees or pay hefty penalties. In order to administer and enforce the penalties, the IRS requires extensive new information reporting...

 

Adobe PDFHIPAA Breach Notification Analysis Under the Omnibus Rule
Ray Quinney Nebeker P.C.;
Legal Alert/Article
July 17, 2014, previously published on July 2, 2014
The final Omnibus Rule ("Rule"), effective March 26, 2013, modified the HIPAA Privacy and Security Rules and increased the burden on Covered Entities and Business Associates in the area of breach notification.

 

HTMLOIG Issues Special Fraud Alert on Laboratory Payments to Referring Physicians
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
The Health and Human Services Office of the Inspector General (OIG) recently issued a Special Fraud Alert on laboratory payments to referring physicians. Specifically, the alert is concerned with Specimen Processing Arrangements and Registry Arrangements, which OIG believes pose substantial risks...

 

Adobe PDFOffice of Civil Rights Ready to Launch HIPAA Audits
Morris Polich Purdy LLP;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
The Office of Civil Rights (OCR) of the United States Department of Health and Human Services (HHS) has completed its pilot program and is this year rolling out audits to assess compliance with the Health Information Portability & Privacy Act (HIPAA). All Covered Entities and Business...

 

HTMLExclusion Screening: How Much is Enough?
Chris M. Morrison; GrayRobinson, P.A.;
Legal Alert/Article
July 17, 2014, previously published on July 9, 2014
Federal law prohibits payment by federal health care programs for items or services furnished by an excluded person, or at the medical direction or on the prescription of an excluded person. Employing or contracting an excluded person to provide items or services payable by federal health care...

 

HTMLCMS Seeks to Update Payment Rates and Eligibility Certification Requirements in Proposed Rule for Medicare Home Health Services
Eric A. Klein, Rachel Landauer; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
July 17, 2014, previously published on July 7, 2014
On July 7, the Centers for Medicare and Medicaid Services (CMS) published a proposed rule updating Medicare’s Home Health Prospective Payment System payment rates for 2015.

 

HTMLInsurer’s Motion to Dismiss Hospital’s Bad Faith Breach of Contract Claim Denied (New Jersey Federal Court)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
July 17, 2014, previously published on July 8, 2014
In Conn. Gen. Life Ins. Co. v. Roseland Ambulatory Surgery Ctr., the plaintiff/counterclaim-defendant insurer brought claims against defendant/counterclaim-plaintiff hospital for failure to require patients to pay certain out-of-pocket expenses. The insurer originally brought a claim alleging that...

 


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