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HHS-OCR Issues Guidance on HIPAA Requirements for Workstation Security

Posted on June 26, 2018, Health Care

The U.S. Department of Health & Human Services, Office of Civil Rights (HHS-OCR) recently issued a newsletter regarding compliance with the HIPAA Security Rule’s requirements for physical security The newsletter notes that covered entities and business associates too often overlook HIPAA’s requirements to secure protected health information (PHI) contained on “workstations.” HIPAA regulations define a […]

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Federal Jury Convicts Physician for Unlawfully Sharing Patient Information in Violation of HIPAA

Posted on May 30, 2018, Health Care

On April 30, 2018, a federal jury in Boston convicted Dr. Rita Luthra, a gynecologist, of obstructing a criminal healthcare investigation and violating HIPAA’s criminal provisions. The government’s investigation of Dr. Luthra grew out of an earlier investigation into the marketing practices of drug company Warner Chilcott. In 2015, Warner Chilcott agreed to pay $125 […]

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DOJ and HHS-OIG Announce $2.6 Billion In Healthcare Fraud Recoveries for Fiscal Year 2017

Posted on April 19, 2018, Health Care

On April 6, 2018, the U.S. Department of Justice (DOJ) announced that its combined efforts with the U.S. Department of Health & Human Services, Office of Inspector General (HHS-OIG) resulted in $2.6 billion in recoveries for healthcare fraud and abuse enforcement actions in fiscal year 2017. The DOJ and HHS-OIG use multi-disciplinary teams of law […]

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2018 Bipartisan Budget Act Revises Stark Law

Posted on April 19, 2018, Health Care

In February’s newsletter, CCLB reported that the Bipartisan Budget Act of 2018 (the “Act”), signed into law by President Trump on February 9, 2018, modified the Civil Monetary Penalties Law and the Anti-Kickback Statute by increasing certain fines and penalties for violations of those statutes. The Act also amended the federal Stark Law in several […]

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Physician-Owned Hospital Agrees to Pay $7.5 Million to Settle False Claims Act Allegations

Posted on February 26, 2018, Health Care

A physician-owned hospital in Dallas, Texas recently reached an agreement with the federal government to pay $7.5 million to settle allegations that it paid kickbacks to physicians in violation of the federal Anti-Kickback Statute (AKS) and False Claims Act (FCA). The government’s allegations centered on claims that Pine Creek Medical Center provided free marketing services […]

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Spending Bill Increases Penalties for Healthcare Fraud, Waste, and Abuse

Posted on February 26, 2018, Health Care

On February 9, 2018, President Trump signed into law the Bipartisan Budget Act of 2018. While this law received a lot of attention for avoiding a lengthy government shutdown and extending the Children’s Health Insurance Program (CHIP), the law also affects healthcare providers by drastically increasing potential penalties for acts of fraud, waste, and abuse […]

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Summary of OCR’s 2017 HIPAA Enforcement Activities

Posted on January 29, 2018, Health Care

In 2017, the Department of Health and Human Services’ Office of Civil Rights (“OCR”) continued its HIPAA enforcement efforts, resulting in over $19,393,000 in settlements and civil monetary penalties. OCR investigations focused on various issues, including impermissible disclosures, data breaches, inadequate protection of protected health information (“PHI”) on electronic devices such as laptops and tablets, […]

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Government Agencies Allege That the 60-Day Rule Applies to All Federal Healthcare Programs

Posted on November 28, 2017, Health Care

On October 13, 2017, W. Stephen Muldrow, the Acting United States Attorney for the Middle District of Florida, announced that First Coast Cardiovascular Institute (FCCI) agreed to pay $448,821.58 to settle allegations that it knowingly delayed repayment of over $175,000 in alleged overpayments owed to federal healthcare programs in violation of the 60-Day Rule and […]

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OIG Issues Report on Enhancing the Tracking and Collection of Medicare Overpayments Identified by ZPICs and PSCs

Posted on October 26, 2017, Health Care Medicare and Medicaid

The U.S. Department of Health & Human Services Office of Inspector General (“OIG”) recently published a report entitled “Enhancements Needed in the Tracking and Collection of Medicare Overpayments Identified by ZPICs and PSCs.” Zone Program Integrity Contractors (“ZPICs”) and Program Safeguard Contractors (“PSCs”) are private companies with which the Center for Medicare & Medicaid Services […]

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Coalition of 41 State Attorneys General to Investigate Opioid Manufacturers

Posted on September 22, 2017, Health Care White Collar Crime

On September 19, 2017, New York Attorney General Eric Schneiderman announced at a news conference that Attorneys General from 41 states have joined together to investigate major pharmaceutical companies over the production and distribution of opioids. The joint investigation was initiated by the service of subpoenas on five pharmaceutical manufacturers: Endo International, Janssen Pharmaceuticals, Teva […]

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