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|Supreme Court Decides Validity of Implied False Certification Theory in Universal Health Services v. Escobar|
J. Andrew (Andy) Jackson, Laura F. Laemmle-Weidenfeld, Brian J. Murray, Kenton James Skarin, Stephen G. (Steve) Sozio; Jones Day;
June 26, 2016, previously published on June 2016On June 16, 2016, the U.S. Supreme Court decided Universal Health Services v. United States ex rel. Escobar, a widely anticipated decision with implications for health care provider and government contractor liability under the False Claims Act ("FCA"). The case addressed whether the...
|Important Amendments to the Personal Health Information Protection Act, 2004 Now in Force|
Roberto Ghignone; Borden Ladner Gervais LLP;
June 23, 2016, previously published on June 10, 2016At the start of June 2016, a number of significant amendments to the Personal Health Information Act, 2004 ("PHIPA") were proclaimed in force. The most significant changes relate to the duties and responsibilities of health information custodians with respect to notification in the event...
|Phase 2 HIPAA Audits|
Howard E. Bogard, Richard J. Brockman, Kelli Carpenter Fleming, James A. Hoover, Chester "Chet" J. Hosch; Burr & Forman LLP;
June 21, 2016, previously published on June 2016In an effort to review and examine compliance with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations ("HIPAA"), the Department of Health and Human Services Office for Civil Rights ("OCR") is conducting Phase 2 HIPAA audits for both...
|Cyberattacks--Health Care is Vulnerable|
John F. Queenan; Iseman, Cunningham, Riester
& Hyde LLP;
June 21, 2016, previously published on May 17, 2016Health care is a prime target for cybersecurity incidents.
|MSHA Issues New Workplace Exam Proposed Rule|
William K. Doran, Gwendolyn K. Nightengale; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
June 20, 2016, previously published on June 7, 2016The Mine Safety and Health Administration (MSHA) announced today that it was issuing a notice of proposed rulemaking that will amend the Workplace Examination regulation at 30 C.F.R. § 56.18002 (Surface) and § 57.18002 (Underground). The amended regulation, “Examinations of Working...
|Don’t Neglect Your Business Associate Agreements!|
Dianne J. Bourque, Kate F. Stewart; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 17, 2016, previously published on March 17, 2016As we have repeatedly emphasized on this blog, HIPAA Covered Entities must ensure that they have compliant business associate agreements (“BAAs”) in place with all of their business associates and must ensure that they have performed a comprehensive risk assessment. A $1.55 million...
|Cloning' and 'Overpopulation' of Documentation by Physicians in Electronic Medical Records May Lead to Allegations of Fraud|
Clay J. Countryman; Breazeale, Sachse & Wilson, L.L.P.;
June 17, 2016, previously published on June 2016Physicians looking for short cuts in completing medical record documentation should be careful to avoid using ‘cloning’ or ‘over population’ of data that may be considered to be fraud. In a January 2014 report, the OIG described cloning and over documentation as two examples...
|Phase 2 HIPAA Audits Coming to You: Check Your Spam Filter!|
Dianne J. Bourque, Jordan T. Cohen, Cynthia J. Larose, Kate F. Stewart; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 17, 2016, previously published on March 23, 2016The HHS Office for Civil Rights (“OCR”) officially launched the long-awaited (and dreaded) Phase 2 of the HIPAA Audits Program on March 21st. Covered Entities and Business Associates need to be prepared for these audits and be on the lookout for emails (check your spam filter!) from OCR...
|CMS Releases Proposed Rule for MACRA Implementation - Overview and Merit-Based Incentive Payment Systems (MIPS)|
Jordan T. Cohen, Thomas S. Crane; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 3, 2016On April 27, 2016, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule that would put in place key parts of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). MACRA impacts a number of laws and government initiatives that have been implemented over the past...
|No More Bidding - CMS 2, EGWPs 1|
Tara Swenson Dwyer; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on June 2, 2016This Spring, CMS informed MAOs that offer Medicare Advantage EGWPs (employer group waiver plans) that they were no longer required to submit annual bids for EGWPs. Based on CMS’s explanation of why it adopted this change, it seems that the final score is CMS 2, EGWPs 1 or perhaps 0. CMS...