Health Care Alerts http://www.haynesboone.com/ Haynes and Boone alerts for the Health Care Practice en-us Sun, 19 May 2013 20:57:40 GMT Sun, 19 May 2013 20:57:40 GMT $39 Million Jury Verdict in False Claims Act Suit against Tuomey Healthcare Last week, a federal jury in South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act by submitting false claims for reimbursement to the United States, resulting in $39 million in damages to the government. http://www.haynesboone.com/False-Claims-Act-Verdict-Tuomey Publication 79c24637-db45-456a-818d-b2c7bbce6974 Wed, 15 May 2013 00:00:00 GMT California Man Convicted of Hacking into Former Employer’s Computer Network A jury in the Northern District of California has convicted David Nosal of violating the Computer Fraud and Abuse Act (“CFAA”) by accessing his former employer’s computer network without authorization to obtain confidential information for use in a competing business. http://www.haynesboone.com/California-Man-Convicted-of-Hacking Publication 53131173-51d5-4899-ae7f-01e500a7c4b2 Thu, 25 Apr 2013 00:00:00 GMT 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. http://www.haynesboone.com/OIG-Releases-Updated-Self-Disclosure-Protocol Publication ea8e6ce0-f48a-49a1-8b77-b684e27c7a9c Fri, 19 Apr 2013 00:00:00 GMT First Circuit Narrows Public Disclosure Defense in False Claims Act The First Circuit recently reinstated part of a False Claims Act complaint against a drug-testing laboratory, and in so doing, may have limited the reach of the FCA’s public disclosure bar. http://www.haynesboone.com/First-Circuit-Narrows-Public-Disclosure-Defense Publication ce0c1c29-83c7-4ccb-bb1a-2e1ba3a19a5a Thu, 18 Apr 2013 00:00:00 GMT California Computer Hacking Case Highlights Important Circuit Split on the Computer Fraud and Abuse Act The computer hacking trial of David Nosal is under way in federal district court in California. The trial is being followed with interest in the business community because it is the latest development in a case that highlights an important split in the interpretation of the Computer Fraud and Abuse Act (“CFAA”) that has far-reaching ramifications with respect to liability–and protection for companies’ proprietary information. http://www.haynesboone.com/California-Computer-Hacking-Case Publication 362a2e52-8a2c-4248-9b4d-a93cab5678d3 Wed, 17 Apr 2013 00:00:00 GMT Seventh Circuit Clarifies How to Treble Damages under the FCA The Seventh Circuit recently reversed a $2.7 million damages award against a mortgage company accused of lying in applications for federal loan guarantees. See United States v. Anchor Mortg. Corp., 2013 WL 1150213 (7th Cir. Mar. 21, 2013). http://www.haynesboone.com/Treble-Damages-Under-FCA Publication 4d953220-e8ea-4587-841b-176d157c9943 Wed, 27 Mar 2013 00:00:00 GMT Cyber Attacks are the Number One Threat to National Security The U.S. Director of National Intelligence, James Clapper, advised the Senate Intelligence Committee this week that cyber attacks are the number one threat to national security. http://www.haynesboone.com/Cyber-Attacks-Threat-National-Security Publication 497bcd34-bd72-43d4-bda6-4a978ef8afc5 Thu, 14 Mar 2013 00:00:00 GMT Public Companies Increasingly Disclosing Cybersecurity Risks An increasing number of public companies - particularly banks and financial institutions - are disclosing cybersecurity incidents in their filings with the Securities and Exchange Commission. http://www.haynesboone.com/Public-Company-Disclosure-Cybersecurity Publication 9ad0145c-2311-455c-9324-1a12440f92c2 Tue, 12 Mar 2013 00:00:00 GMT Jury Awards $28 Million in False Claims Act Suit against Nursing Home A federal court jury in Illinois found that nursing home operator Momence Meadows fraudulently billed Medicare and Medicaid for “worthless services” and falsely certified compliance with health care laws and regulations, resulting in $28 million in damages to the government. http://www.haynesboone.com/False-Claims-Act-Momence-Meadows Publication 02f7e4c7-7720-4afa-a477-aa1a677c454b Mon, 04 Mar 2013 00:00:00 GMT President Obama Signs Cybersecurity Executive Order President Obama recently signed an executive order focused on improving the security of the nation’s infrastructure from cyber attack. http://www.haynesboone.com/Cybersecurity-Executive-Order Publication f087e0ce-44ad-4e70-806f-05955f63d8bd Tue, 19 Feb 2013 00:00:00 GMT 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. http://www.haynesboone.com/HHS-Amendments-to-HIPAA Publication b4703ea0-3bdc-415d-8a6d-d72765084f6f Fri, 25 Jan 2013 00:00:00 GMT Federal Judge Orders Disclosure of Emails with In-House Counsel in FCA Case In light of a recent federal court order, companies – especially those at risk of False Claims Act suits – should revisit their protocol for handling communications with in-house counsel. http://www.haynesboone.com/Federal-Judge-Orders-Disclosure-of-Emails-with-In-House-Counsel-in-FCA-Case-12-05-2012 Publication 9ea89e0f-39e2-400f-8985-50900e1b5ed3 Wed, 05 Dec 2012 00:00:00 GMT