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Proposed Amendments To False Claims Act Would Tilt The Playing Field

A bipartisan bill introduced this summer would impact residential and behavioral health facilities and other health care providers sued under the federal False Claims Act (FCA), making defense of these actions more expensive...more

U.S. States And Territories Data Breach Statutes-UPDATED July, 2020

Fox Rothschild’s Privacy and Data Security practice group maintains this searchable PDF document as well as the Data Breach 411 app to inform businesses of the breach notification statutes in each of the 50 states, Guam,...more

CMS Issues Blanket Waivers Of Self-Referral Restrictions

The Centers for Medicare and Medicaid Services (CMS) has issued a series of blanket waivers of provisions of the physician self-referral (Stark Law) on March 30, 2020 in response to the declaration of the COVID-19 Outbreak in...more

Breach Notice Deadline Alert

If you are a covered entity who experienced a breach of unsecured protected health information affecting fewer than 500 individuals , you must notify the Office of Human Rights of the Department of Health and Human Services...more

2019 HIPAA Breaches: The Box Scores

It’s that time again for year-in-review articles. On December 16, 2019, Modern Healthcare has published an infographic that compares HIPAA breaches which occurred in 2019 to aggregate breach statistics from 2010-2018. The...more

U.S. States And Territories Data Breach Statutes

Fox Rothschild’s Privacy and Data Security practice group maintains this searchable PDF document as well as the Data Breach 411 app to inform businesses of the breach notification statutes in each of the 50 states, Guam,...more

Do You Need To Worry About The New California Data Privacy Law? Maybe

The California Consumer Privacy Act (CCPA) will take effect on January 1, 2020 and regulates most entities that collect personal information of California residents. CCPA was patterned after the European Union’s General Data...more

Ransomware Claims A Victim

A two-physician practice in Battle Creek, Michigan is reportedly the first health care provider to cease operations as a result of a ransomware attack. The Minneapolis Star Tribune reports that Brookside ENT experienced a...more

Bankrupt Medical Records Company Hit With $100,000 Penalty For HIPAA Violations

Filefax, Inc., a defunct Illinois medical records storage and management company, has been fined $100,000 for improperly handling medical data under an agreement with the court-appointed receiver managing the company’s assets...more

Pennsylvania Supreme Court Limits The Scope Of Medical Peer Review Protection

Adopting a strict reading of the statutory language, the Pennsylvania Supreme Court has severely limited the scope of peer review privilege available to health care providers under Pennsylvania’s Peer Review Protection...more

When Data Is Like Toothpaste

In 1973, President Richard Nixon’s Chief of Staff H.R. Haldeman warned White House Counsel John Dean against talking to prosecutors investigating the growing Watergate scandal, telling him “Once the toothpaste is out of the...more

Involuntary Commitment Laws And Privacy Restrictions

In a recent New York Times op-ed piece entitled “How a Bad Law and a Big Mistake Drove My Mentally Ill Son Away,” the father of a young man involuntarily hospitalized under Florida’s Baker Act decries “privacy laws” for...more

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