Dickinson Wright attorney Kim Ruppel recently participated in The Risky Health Care Business Podcast, where she and host Scott Nelson delved into the intricate world of noncompetes and their ramifications for both health care...more
It is no secret that protected health information (or “PHI”) is more and more at risk for cybersecurity attacks. In 2022 (the most recent year this statistic is available), the Department for Health and Human Services Office...more
3/6/2024
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Electronic Medical Records ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
PHI ,
Ransomware ,
Risk Management
Prior to the COVID-19 public health emergency (“PHE”), the federal Ryan Haight Act allowed a provider to prescribe controlled substance medications to a patient only after conducting an in-person evaluation of that patient...more
The Federal False Claims Act (“FCA”) allows private parties to bring lawsuits in the name of the federal government against defendants who allegedly “knowingly” present a false claim to the government for payment. The...more
8/2/2023
/ Drug Pricing ,
False Claims Act (FCA) ,
Health Insurance ,
Healthcare ,
Medicaid ,
Medicare ,
Pharmaceutical Industry ,
Pharmacies ,
Prescription Drugs ,
Scienter ,
SCOTUS ,
Subjective Standard ,
US ex rel Thomas Proctor v Safeway Inc ,
US ex rel Tracy Schutte et al v SuperValu Inc et al
Reversing previously proposed rules, the DEA recently issued new guidance allowing the continued use of telehealth when prescribing controlled substances following the end of the Covid-19 public health emergency (“PHE”)....more
5/22/2023
/ Controlled Substances ,
Coronavirus/COVID-19 ,
DEA ,
Electronic Prescribing ,
Health Care Providers ,
Healthcare ,
Life Sciences ,
Mental Health ,
Patient Access ,
Prescription Drugs ,
Public Health Emergency ,
SAMHSA ,
Telehealth ,
Telemedicine
Reversing previously proposed rules, the DEA recently issued new guidance allowing the continued use of telehealth when prescribing controlled substances following the end of the Covid-19 public health emergency (“PHE”)....more
The Federal False Claims Act (“FCA”) imposes civil liability for presenting a false claim to the government for payment. The Federal Anti-Kickback Statue (“AKS”) prohibits medical providers from making referrals in return for...more
4/10/2023
/ Anti-Kickback Statute ,
Causation ,
Department of Health and Human Services (HHS) ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare ,
Kickbacks ,
Medicaid ,
Medicare ,
OIG ,
Physicians ,
Qui Tam ,
Whistleblowers
The current Public Health Emergency expiration deadline is this month. However, the Secretary of the Health and Human Services indicated he would provide a 60-day notice before ending the PHE in order to minimize disruptions...more
This session will dive into the ways in which Telehealth is expected to evolve and continue, what is being done to improve user parity, best practices pertaining to patient disclosures and agreements, and how reimbursements...more
The Department of Health and Human Services (“HHS”) recently announced guidelines for the application of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) to audio-only telehealth encounters following...more
As previously reported here, courts are known to “blue pencil” terms of non-compete provisions in employment agreements that do not appear to further legitimate business interests. Earlier this year, an Ohio appellate court...more
The Department of Justice recently released their Year in Review summary of activity by the Healthcare Fraud Unit, detailing enforcements efforts related to some of the more significant telehealth-related fraud claims in...more
What are non-compete agreements?
In the broadest sense, non-compete agreements prohibit an employee from accepting employment by a competitor of an employer for a certain time. They are treated differently than...more
From new fraud and abuse rules, to telehealth and tax legislation to health care privacy and private equity in the healthcare space, a lot has changed in health law over the past year. Please join us for a two-day virtual...more
10/28/2021
/ Anti-Kickback Statute ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Data Privacy ,
Data Security ,
Federal Taxes ,
Food and Drug Administration (FDA) ,
Fraud and Abuse ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Fraud ,
Healthcare Reform ,
Hospitals ,
Mental Health ,
New Rules ,
Non-Compete Agreements ,
Pending Legislation ,
Physicians ,
Popular ,
Private Equity ,
Proposed Legislation ,
Stark Law ,
Surprise Medical Bills ,
Tax Legislation ,
Telehealth ,
Value-Based Care ,
Webinars
As anticipated, the federal government has been monitoring the potential for fraud and abuse involving telehealth. Providers, lab owners, and medical equipment companies have been recent targets of investigations. The...more
The Centers for Medicare and Medicaid Services recently issued new guidance for healthcare providers on documenting and reporting electronic clinical quality measures (“eCQMs”) for telehealth encounters. The new guidance was...more
Although the current health pandemic resulted in a temporary relaxation of rules concerning remote healthcare services at both the local and federal levels, telehealth is undeniably here to stay. Michigan’s Governor Gretchen...more
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, recently passed by Congress and signed into law by President Trump, provides a number of important expansions of telehealth coverage during the public health...more
On March 29, 2020, Governor Gretchen Whitmer issued Executive Order 2020-30 temporarily suspending a number of supervision and credential requirements applicable to healthcare providers. These changes are intended to remain...more
Telehealth is particularly well suited for initial screening of patients and providing quicker and safer access to providers during the COVID-19 pandemic....more
With the ever-growing opioid crisis and the President’s call to action to address that crisis, primary care, pain management and behavioral health providers in particular may be faced with privacy issues dealing with a...more
Advocate Health Care Network et al v. Stapleton et al, 581 U.S. __ (2017) -
In one of the recent opinions rendered by the United States Supreme Court, it was found that pension plans maintained by religiously affiliated...more
Where is your PHI Data Traveling Today?
With most vendors offering and pushing cloud computing solutions and offsite data backup, or guaranteeing offsite backup of data they process for you, many HIPAA covered entities and...more
8/28/2017
/ Church Plans ,
Clinical Trials ,
Data Protection ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
International Data Transfers ,
Pensions ,
Personally Identifiable Information ,
PHI ,
Retirement Plan
Preventing unintended or unauthorized disclosure of protected health information is an ever-present goal of all covered entities and business associates. However, protective firewalls and electronic data security measures are...more
DC Mex Holdings LLC v Affordable Land LLC and Dale Fuller, ___ Mich. App. ___ (July 25, 2017), Case no. 332439 -
Michigan’s Court of Appeals recently issued an opinion interpreting a statutory provision exempting insurance...more