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HTMLOngoing Stealthy “Spear Phishing” Attack Focused on Publicly Traded Healthcare and Pharmaceutical Industries
Leonardo M. Tamburello; McElroy, Deutsch, Mulvaney & Carpenter, LLP;
Legal Alert/Article
February 10, 2015, previously published on December 4, 2014
Security firm FireEye on December 1, 2014 issued a report describing its discovery of an extraordinarily sophisticated and potentially damaging spear-phishing attack which has targeted the healthcare and pharmaceutical sectors with the apparent goal of obtaining advance, non-public information such...

 

HTMLThe Office of Inspector General Releases Its Fiscal Year 2015 Work Plan
John Kaveney; McElroy, Deutsch, Mulvaney & Carpenter, LLP;
Legal Alert/Article
February 10, 2015, previously published on November 4, 2014
On November 1, 2014, the United States Department of Health and Human Services, Office of Inspector General (OIG), published its Fiscal Year 2015 Work Plan. For most providers subject to the OIG’s reviews, the areas of focus remained the same with the core categories of review being (1)...

 

HTMLOIG Issues Anti-Kickback and False Claims Warning to Pharmaceutical Manufacturers and Others Who Administer and Honor Copayment Coupon Programs
Leonardo M. Tamburello; McElroy, Deutsch, Mulvaney & Carpenter, LLP;
Legal Alert/Article
February 10, 2015, previously published on December 15, 2014
On September 19, 2014, the OIG issued a Report and Special Advisory Bulletin warning of inadequacies surrounding manufacturer safeguards designed to prevent copayment coupon use for Medicare Part D beneficiaries. The OIG warned that the acceptance and the use of co-payment assistance coupons for...

 

HTML$150,000 HIPAA Resolution Agreement Emphasizes Importance of Updating, Patching IT Systems under the Security Rule
Leonardo M. Tamburello; McElroy, Deutsch, Mulvaney & Carpenter, LLP;
Legal Alert/Article
February 10, 2015, previously published on December 12, 2014
In a Resolution Agreement announced on December 8, 2014, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) made clear that the HIPAA Security Rule requires Covered Entities and their Business Associates who handle electronic protected health information (ePHI) to...

 

HTMLFederal HIPAA Privacy Rule Provides Standard of Care for State Common Law Breach of Medical Confidentiality And Potentially for Class Action Claims of Data Breach
John Zen Jackson; McElroy, Deutsch, Mulvaney & Carpenter, LLP;
Legal Alert/Article
February 10, 2015, previously published on November 13, 2014
In an opinion filed November 11, 2014, the Supreme Court of Connecticut held that to the extent that state law recognized a cause of action for breach of a health care provider’s duty of confidentiality in responding to a subpoena issued in connection with private litigation involving the...

 

HTMLSupreme Court of the United States to Decide Fate of Federal ACA Subsidies
Leonardo M. Tamburello; McElroy, Deutsch, Mulvaney & Carpenter, LLP;
Legal Alert/Article
February 10, 2015, previously published on November 7, 2014
The Affordable Care Act’s future is again before the U.S. Supreme Court. Today, the Court agreed to review the Fourth Circuit’s decision in King v. Burwell, which this past July upheld the provision of taxpayer-funded subsidies for low income families and individuals seeking to purchase...

 

HTMLExtrapolation - Coming to a Hospital Near You
John Kaveney; McElroy, Deutsch, Mulvaney & Carpenter, LLP;
Legal Alert/Article
February 10, 2015, previously published on December 15, 2014
A review of the OIG’s daily bulletins reveals the common use of extrapolation in its audit of hospitals. Subsets of records identified by the government as statistically valid are regularly reviewed at hospitals across the country and then the identified error rate projected out across all...

 

HTMLWhat Is the OIG Focusing Upon During Its Hospital Audits?
Brooks E. Doyne; McElroy, Deutsch, Mulvaney & Carpenter, LLP;
Legal Alert/Article
February 10, 2015, previously published on November 24, 2014
A statutory mission is being carried out through a nationwide network of audits, investigations and surveys evaluating participating hospitals for compliance with the Medicare requirements. In doing so, auditors are assessing hospital compliance with the Medicare Conditions of Participation for all...

 

HTMLU.S. GAO Study Analyzes Market Share Among Health Care Enrollees
Fallyn B. Cavalieri, Sarah J. Delaney; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 8, 2014
The Patient Protection and Affordable Care Act (PPACA) requires the GAO to study competition and market concentration in the health insurance market. This study examined the individual, small group, and large group health insurance markets prior to the implementation of key PPACA provisions that...

 

HTMLFraud and Abuse Waivers for MSSP ACOs Extended Another Year
Stephanie D. Willis; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 6, 2015, previously published on October 23, 2014
Fridays are for fraud and abuse news-related releases, yet again. Last Friday, the HHS Office of the Inspector General (OIG) released a notice (Notice) informing the public that it has delayed the release of a final rule regarding applicable fraud and abuse law waivers for ACOs participating in the...

 


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