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Hacked Business Associate Agrees to Pay $100,000 as Part of HIPAA Settlement

On May 23, 2019, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), announced that Medical Informatics Engineering, Inc. (MIE) agreed to pay $100,000 to settle alleged HIPAA violations that...more

CMS Issues DRAFT Guidance for Hospital Co-Location Initiatives; Industry is Invited to Submit Comments

As the health care delivery system continues to evolve, on May 3, 2019, the Centers for Medicare & Medicaid Services (“CMS”) issued a draft guidance document to state survey agency directors entitled, “Guidance for Hospital...more

“Insecure” Diagnostic Imaging Company Server Leads to $3 Million HIPAA Settlement

On May 6, 2019, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced that Touchstone Medical Imaging (TMI) agreed to pay $3,000,000 to settle alleged HIPAA violations arising out of...more

HHS Lowering Cumulative Annual Civil Money Penalties It Will Apply Under HIPAA and HITECH Acts

On April 26, 2019, the U.S. Department of Health and Human Services (“HHS”) published an Enforcement Discretion letter announcing it is meaningfully lowering the cumulative annual civil money penalties (“CMPs”) it will apply...more

Research Study Highlights How Hospitals May Be Vulnerable to Cybersecurity Threats That Impact Diagnostic Tools

Health care providers are heavily reliant on technology in providing clinical services. The findings from a recent research study highlight the significant threat of cyber risks in health care that is in addition to the...more

FDA Further Outlines Plans to Strengthen and Modernize 510(k) Pathway

Agency continues to promote use of "robust performance criteria" and "modern predicate devices" - On January 22, 2019, the U.S. Food and Drug Administration (FDA or the Agency) detailed in a Final Guidance document the...more

HHS Releases Health Industry Cybersecurity Guidance

On December 28, 2018, the U.S. Department of Health and Human Services ("HHS") released a publication, Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients (the "Cybersecurity Guidance"). ...more

OCR Announces Third HIPAA Settlement in Three Weeks; Issues an RFI on Reducing HIPAA Barriers to Care

There were two important HIPAA developments during this past week. First, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced that Pagosa Spring Medical Center (“PSMC”), a Colorado...more

Missing BAA Results in $500,000 HIPAA Settlement

On December 4, 2018, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) announced that Advanced Care Hospitalists (ACH) agreed to pay $500,000 to settle alleged HIPAA violations arising out of ACH...more

“Expensive News”: Medical Practice Enters Into $125,000 HIPAA Settlement For Sharing PHI With a Reporter

On November 26, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Allergy Associates of Hartford, P.C. (AAH) agreed to pay $125,000 to settle alleged HIPAA violations...more

FDA Announces Plans to Significantly Change Medical Device 510(k) Clearance Program

On November 26, 2018, U.S. Food and Drug Administration (FDA or the Agency) Commissioner Scott Gottlieb, M.D., and Jeff Shuren, M.D., Director of FDA’s Center for Devices and Radiological Health (CDRH), issued an extensive...more

Anthem to Pay $16 Million in Largest Ever OCR HIPAA Settlement

On October 15, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Anthem, Inc. (Anthem) agreed to pay $16 million to settle allegations relating to HIPAA violations...more

President Trump Signs the Sports Medicine Licensure Clarity Act Into Law

Physicians, athletic trainers and other sports medicine professionals who travel to another state with an athletic team to provide medical care for that team will now have the benefit of being able to provide medical services...more

10/12/2018  /  Physicians , Sports , Trump Administration

Five Career Tips For New and Experienced Physicians to Consider in the Changing Health Care World

When the calendar turns to July, the new month may create excitement and anxiety for individuals: July 4th celebrations; hot weather; vacation plans; and yes, the calendar year is halfway done. For physicians, July may also...more

ALJ Requires MD Anderson Cancer Center to Pay $4.3M for HIPAA Violations

The U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") announced earlier this month that an HHS administrative law judge ("ALJ") ruled in favor of the OCR on summary judgment and required MD...more

New Jersey Enacts Out-of-Network Statute Affecting Hospitals, Surgery Centers, Physicians and Insurers

On June 1, 2018, New Jersey Governor Phil Murphy signed into law the “Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act” (the “Act”). In the preamble to the Act, the New Jersey...more

Health and Human Services Office of Insepctor General Semi-Annual Fraud Report Highlights Federal Government Enforcement...

There continues to be significant media attention on health care privacy and data breaches, the opioid crisis, Medicaid funding and expansion efforts, telemedicine, and mergers and acquisitions affecting the health care...more

Annual Data Breach Investigations Report Highlights Continued Challenges in Health Care And Other Industries

Verizon recently released its 11th annual Data Breach Investigation Report (DBIR). The DBIR is a helpful tool for everyone in the health care sector to understand trends in cybercrime and most typical causes of security...more

Liquidator of a Shuttered Business Associate Agrees to $100k Payment for Alleged HIPAA Violations

On February 13, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that a receiver appointed to liquidate the assets of Filefax, Inc. agreed to pay $100,000 to settle...more

2018 Health Law Predictions

2017 was a year in contrasts for the health care delivery system. Congress and President Trump made several attempts to “repeal and replace” the Affordable Care Act. Controversy about marijuana continued as more states...more

A Super-Bowl Sized HIPAA Settlement Results in $3.5 Million Payment

On February 1, 2018, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that Fresenius Medical Care North America (FMCNA) agreed to pay $3.5 million and enter into a Corrective...more

“New” New Jersey Health Statute Enacted and Changes 2009 Law For Surgical Practices

In the last days of the administration of Governor Chris Christie, he signed a new law relating to “surgical practices” that will impact New Jersey providers. A1935/S287 requires all “surgical practices” to be licensed by...more

2017 Closes with $2 Million HIPAA Settlement

On December 28, 2017, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that 21st Century Oncology, Inc. (21CO) agreed to pay $2.3 Million in lieu of potential civil money...more

HHS Report Urges Health Care Industry to Address Cybersecurity Risks

In early June 2017, the U.S. Department of Health and Human Services (HHS) Health Care Industry Cybersecurity (HCIC) Task Force released a “Report on Improving Cybersecurity in the Health Care Industry” (the Report). The...more

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