11/11/2014 - Connecticut Supreme Court: HIPAA Does Not Preempt State Law Claims
In an opinion published on November 11, 2014, Connecticut joined a growing number of jurisdictions that have found that state law causes of action based on a health care provider’s unauthorized disclosure of a patient’s medical records are not preempted by the Health Insurance Portability and Accountability Act (“HIPAA”).
10/24/2014 - Key Developments in Privacy and Data Security
Cyber threats are inarguably on the rise, and regulators and law enforcement are stepping up their efforts to ensure that companies are managing personal data responsibly, creating a perfect storm of risk. More and more, our clients are asking, “What can we do to protect ourselves?” The answer? Be aware of the risks, understand the legal implications, and prepare for the inevitable.
10/21/2014 - CMS Extends MSSP ACO Waivers
With the recent announcement to extend the waivers of certain fraud and abuse laws for accountable care organizations (ACOs) participating in the Medicare Shared Savings Program (MSSP), ACOs can continue using the waivers in their current form - at least for now.
05/20/2014 - LabMD Appeals District Court Dismissal, Eleventh Circuit Denies Emergency Relief
LabMD, Inc. renewed its argument that the FTC lacks authority to regulate the data security practices of HIPAA covered entities by appealing the dismissal of its case for lack of jurisdiction to the Eleventh Circuit.
05/16/2014 - FTC Retains Authority to Regulate Data Security at HIPAA Covered Entities - For Now
The healthcare industry will have to wait for a court to answer the question of whether the United States Federal Trade Commission (the “FTC”) has authority to regulate data security practices of entities covered by the Health Insurance Portability and Accountability Act (“HIPAA”).
02/19/2014 - Healthcare Delivery in a Post-Affordable Care Act World
Haynes and Boone, LLP presented a complimentary session entitled Healthcare Delivery in a Post-Affordable Care Act World: Implementation, Current Trends, and Beyond on Wednesday, February 19, 2014.
01/21/2014 - False Claims Act Year in Review 2013
This 2013 Haynes and Boone False Claims Act Year in Review
highlights key FCA developments, including significant actions taken by the United States, notable FCA settlements, and important judicial decisions analyzing and applying the statute. Our Review also identifies several issues that are now pending at the U.S. Supreme Court.
12/20/2013 - Law360 Guest Article: Physician-Owned Entities Still Under Federal Microscope
Physician-owned distributorships ("PODs") and other physician-owned entities ("POEs") have emerged as a favored vehicle to reduce health care costs, but the popularity of PODs and POEs has led to increased scrutiny by federal regulators.
12/09/2013 - Physician-Owned Entities Will Continue to Garner Government Attention
Physician-owned distributorships (PODs) and other physician-owned entities (POEs) have emerged as a favored vehicle to reduce costs, but the popularity of PODs and POEs has led to increased scrutiny by federal regulators.
06/20/2013 - Implications for Personalized Medicine after Myriad
On June 13, 2013, in the highly anticipated decision for Ass’n for Molecular Pathology v. Myriad Genetics, Inc.
, the Supreme Court shed some light on the future of genetic patenting to companies and scientists working in the personalized medicine and genetics industry.
04/19/2013 - OIG Releases Updated Self-Disclosure Protocol
On April 17, 2013, the Health and Human Services Office of Inspector General (OIG) released an Updated Provider Self-Disclosure Protocol (SDP), which replaces the original SDP published in 1998.
01/25/2013 - HHS Provides Amendments to HIPAA Privacy and Security Regulations to Conform Regulations to HITECH, GINA and Add Some Additional Changes
The long awaited Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Regulation amendments (the “Changes”) to incorporate the changes made by Health Information Technology for Economic and Clinical Health (HITECH) in 2009 as part of the American Recovery and Reinvestment Act and by the Genetic Information Nondiscrimination Act (“GINA”) were recently released.
04/03/2012 - Fate of Health Reform is Uncertain after Supreme Court Oral Arguments
After three days of historic oral arguments before the U.S. Supreme Court, the fate of the Affordable Care Act (ACA), the momentous 2010 health reform law, is uncertain, given robust questioning of the ability of Congress to force individuals to purchase health insurance.
02/14/2012 - HIPAA Privacy and Security Audits Begin: Enforcement Measures May Follow
The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services has begun the pilot phase of HIPAA privacy and security audits of health care providers, health insurers and health care clearinghouses (“covered entities”) to assess HIPAA compliance efforts. Up to 150 covered entities will be subject to the initial audits, to be conducted by KPMG, LLP, the OCR audit contractor.
11/29/2011 - State Medicaid RAC Audits to Begin in 2012
Medicaid providers will be subject to new audits by Medicaid Recovery Audit Contractors (RACs), beginning in January 2012. These new audits will be in addition to existing audits being conducted by Medicare RACs, Medicaid Integrity Contractors (MICs) and Zone Program Integrity Contractors (ZPICs), among others.
10/31/2011 - Despite Minor Modifications in Final Rules, ACOs Still Face Large Start-Up Costs and Uncertain Savings
Under final rules issued by the Centers for Medicare and Medicaid Services (CMS), Accountable Care Organizations (ACOs) will continue to face large start-up costs and uncertain savings, despite a decreased regulatory scheme and increased financial incentives.