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HTMLPhase 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.;
Legal Alert/Article
June 17, 2016, previously published on March 23, 2016
The 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...

 

HTMLStudy Finds Widespread HIPAA Violations Occurring on Yelp
Jordan T. Cohen; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on June 2, 2016
It is no secret that the Health Insurance Portability and Accountability Act (HIPAA) is a trap for the unwary. A recent study by the non-profit ProPublica has uncovered that the online review site Yelp (as well as other rating sites) are making it easier for covered entities to be ensnared. With...

 

HTMLNo More Bidding - CMS 2, EGWPs 1
Tara Swenson Dwyer; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on June 2, 2016
This 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...

 

HTMLCloning' 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.;
Legal Alert/Article
June 17, 2016, previously published on June 2016
Physicians 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...

 

HTMLResearch Opens a Door for Disability Policy
Bethany Hills, Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on June 2, 2016
One of the challenges of policy making is that bills must go before the Congressional Budget Office (CBO). CBO has one of the toughest jobs in Washington. Their job is to dispassionately look at policy and evaluate the cost of the bill to the federal treasury. Sometimes that means splashing cold...

 

HTMLFTC Granted 2-Week Reprieve in Effort to Block Pennsylvania Hospital Merger
Farrah Short; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on May 13, 2016
The Federal Trade Commission (“FTC”) and the state of Pennsylvania have two weeks to persuade the Court of Appeals for the Third Circuit that the pending merger of Penn State Hershey Medical Center (“Hershey”) and Pinnacle Health System (“Pinnacle”) is...

 

HTMLAlternative Payment Models (APMs) Under MACRA Proposed Rule
Jordan T. Cohen, Thomas S. Crane, Sarah Beth S. Kuyers, Lauren M. Moldawer; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on May 6, 2016
Continuing our blog series on CMS’s massive proposed rule for the implementation of the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA), we dedicate this post to examining the Advance Payment Model (APM) provisions of the proposed rule. As our colleagues discussed on May 3rd, the...

 

HTMLNot Again .... Yet Another Health Care Data Breach
Ryan J. Cuthbertson, Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on March 17, 2016
21st Century Oncology Holdings, a company that operates a chain of 181 cancer treatment centers in the US and Latin America, announced on Friday March 4 that it was latest victim of a cyber-attack affecting 2.2 million individuals. When did the attack occur? Months ago. Read on for the gory...

 

HTMLOIG Issues Favorable GPO Advisory Opinion
Ryan J. Cuthbertson; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 17, 2016, previously published on May 16, 2016
The OIG recently issued a favorable advisory opinion permitting a health system (the “Health System”) to become the sole owner of a Group Purchasing Organization (“GPO”), some of whose members were also owned by the Health System (the “Proposed Arrangement”).

 

HTMLFDA Releases Draft Guidance for 3D Printed Medical Devices
Jordan T. Cohen, Joanne S. Hawana; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on May 17, 2016
On May 10, 2016, FDA released its first draft guidance for medical device manufacturers who are using additive manufacturing (AM), commonly referred to as 3D printing. The draft guidance, entitled “Technical Considerations for Additive Manufactured Devices,” was informed by a public...

 


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