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|The Government Enters into Largest HIPAA Settlement to Date; What HIPAA Covered Entities and Business Associates Need to Know|
Kelly A. Leahy; Shumaker, Loop & Kendrick, LLP;
August 18, 2016, previously published on August 9, 2016Advocate Health Care Network, which operates 12 hospitals and more than 200 other treatment centers in Chicago and central Illinois, has agreed to the largest settlement to date with the Office for Civil Rights (“OCR”) for multiple potential violations of the Health Insurance...
|Site Neutral Medicare Payments for Off-Campus Hospital Clinics|
Joel M. Hamme, Barbara Straub Williams; Powers Pyles Sutter & Verville, PC;
August 17, 2016, previously published on July 11, 2016This memorandum is an update on implementation of Section 603 of the Bipartisan Budget Act of 2015 (BBA 2015)1, which provides for “site neutral” Medicare reimbursement for certain off-campus outpatient clinics. On July 6, 2016, the Centers for Medicare and Medicaid Services (CMS)...
|Are Consulting Physicians Required to Intervene?|
Paula J. Lozano; Cole Scott Kissane P.A.;
August 16, 2016, previously published on July 14, 2016In Florida medical malpractice lawsuits, plaintiffs’ attorneys often sue not only the providers involved in the direct care of the patient, but also providers who were remotely in contact with the patient’s care. Plaintiffs’ attorneys often take the position that if an insurance...
|Advocate Health Care Settles Potential HIPAA Penalties for $5.55 Million|
Bose McKinney Evans LLP;
August 16, 2016, previously published on August 5, 2016The following information was released by the HHS Office for Civil Rights in Action on August 4, 2016.
|Senate Committee Releases Report on Potential Stark Law Changes, Hearing Scheduled|
Jordan T. Cohen, Laurence J. Freedman, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 15, 2016, previously published on July 7, 2016On June 30, 2016, the Senate Finance Committee’s Republican staff issued a 20-page report discussing comments made by industry stakeholders after a December 2015 round-table on the future of the physician self-referral law, also known as the Stark law. Unless an exception is met, the Stark...
|Biodiagnostic Laboratory Services Sentenced; Another Physician Pleads Guilty|
Brian P. Dunphy; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 15, 2016, previously published on July 8, 2016The long-running test-referral prosecution against Biodiagnostic Laboratory Services, LLC (“BLS”), a New Jersey clinical blood testing laboratory; its owner and employees; and BLS’s referring physicians recently reached another milestone. In a criminal case that the U.S....
|FTC Plants A Flag With LabMD Ruling: What This Means for Enforcement|
Cynthia J. Larose, Natalie Prescott; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 15, 2016, previously published on August 1, 2016On Friday, the heads of the Federal Trade Commission overruled the decision of the Administrative Law Judge (“ALJ”) in In the Matter of LabMd., Inc. The FTC concluded that the ALJ had erred in dismissing the Commission’s case against a lab testing company LabMD and misapplied the...
|D.C. Circuit Strikes a Potential Blow to the Affordable Care Act|
Lauren Marie Moldawer, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 15, 2016, previously published on July 13, 2016Earlier this month, the Court of Appeals for the D.C. Circuit issued its decision in Central United Life Insurance Co., v. Burwell, striking down a Department of Health and Human Services (HHS) rule prohibiting the sale and marketing of “fixed indemnity” plans to consumers who did not...
|New Materials Help Covered Entities Comply with Nondiscrimination Rules|
Bridgette Keller; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
August 15, 2016, previously published on July 25, 2016Last week, the Department of Health and Human Services (“HHS”) released new materials for covered entities to use to comply with Section 1557, the nondiscrimination provision of the Affordable Care Act. Section 1557 strengthens protections for populations that have been most vulnerable...
|“Your Money or Your PHI”: OCR Releases Guidance on Ransomware|
Dianne J. Bourque, Kate F. Stewart; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 15, 2016, previously published on July 12, 2016On Monday, the Office for Civil Rights (OCR) released important new guidance on ransomware for hospitals and other healthcare providers and finally addressed the question of whether electronic protected health information (ePHI) that has been encrypted on a covered entity’s systems, but...