The federal Provider Relief Fund (“PRF”) continues to render financial assistance to medical providers that offer diagnoses, testing or treatment of individuals with possible or actual cases of COVID-19. To date, the U.S....more
The federal False Claims Act results in a host of interesting relator claims. This one caught my eye. In United States of America v. Intermountain Healthcare, Inc., Case No. 2:20-cv-00372-TC-CMR (U.S. Dist. Ct. D. Utah...more
Medical providers often are left confused by the incredibly complex statutory and regulatory body of law implemented by the Centers for Medicare and Medicaid Services (CMS). Without further administrative guidance, providers...more
When can a data breach get worse? When the process of notifying victims creates a second breach. Take the example of a cancer treatment center that recently paid $425,000 to settle allegations that included a faulty...more
1/25/2022
/ Computer Fraud and Abuse Act (CFAA) ,
Corporate Counsel ,
Covered Entities ,
Cyber Incident Reporting ,
Data Breach ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Incident Response Plans ,
Phishing Scams ,
Privacy Notice Rule ,
Risk Management
The Department of Justice recently announced the results of its 2020 National Health Care Fraud and Opioid Takedown. This annual DOJ tradition, aimed at targeting and arresting individuals for health care fraud abuse,...more
This week we take look at two recent federal decisions concerning the False Claims Act (“FCA”).
The first case, Ndoromo v. Barr, is interesting because of the billion dollars in alleged damages....more
A look at selected soon-to-be-reported decisions on various False Claims Act issues.
This month we can glean three quick lessons...more
A November 6, 2019 decision by the United States District Court for the Southern District of New York vacated new rules promulgated by the Department of Health and Human Services (HHS) intended to protect medical providers...more
11/21/2019
/ Administrative Authority ,
Affordable Care Act ,
Anti-Discrimination Policies ,
Constitutional Challenges ,
Department of Health and Human Services (HHS) ,
Enforcement ,
Federal Funding ,
Health Care Providers ,
Lack of Authority ,
New Rules ,
Notice Requirements ,
OCR ,
Proposed Legislation ,
Regulatory History ,
Separation of Powers ,
Spending Clause ,
Unconstitutional Condition ,
Vacated
On June 21, 2018, the Supreme Court of the United States issued a much anticipated decision in South Dakota v. Wayfair, Inc., No. 17-494, which involved a challenge to a South Dakota statute imposing a sales tax collection...more