Blog - Archive for Health Care Law News

United States Court of Appeals Orders District Court to Address Medicare Appeals Debacle

Posted on Health Care Law News February 14, 2016 by Robert Nicholson

On February 9, 2016, the U.S. District Court of Appeals for the District of Columbia Circuit determined that a District Court has jurisdiction to order HHS to address the significant backlog in the Medicare appeals process.  This decision follows an appeal to the U.S. District Court of Appeals by the American Hospital Association, which brought Read more →

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Two Recent Settlements Underscore Critical Importance of HIPAA Compliance

Posted on Health Care Law News December 13, 2015 by author

HHS-OCR recently announced two HIPAA violation settlements with significant financial penalties in the space of a week, and both covered entities and business associates should take notice.  First was the settlement involving Lahey Clinic Hospital, Inc. (Lahey), which agreed to a settlement that stemmed from a 2011 incident where an unencrypted laptop was stolen from Read more →

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CMS Issues Important Stark Clarifications

Posted on Health Care Law News November 11, 2015 by author

On October 30, 2015, the Centers for Medicare and Medicaid Services (CMS) issued important changes to the Stark regulations. CMS also added two new Stark exceptions – one for hospital incentive payments for recruitment of non-physician practitioners, and the other changed certain rules for physician owned hospitals, including how the percentage of physician ownership will Read more →

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Budget Bill “Catch-Up” Provision To Increase FCA Fraud Penalties

Posted on Health Care Law News November 3, 2015 by author

In 1986 the Civil False Claims Act (“FCA”) was amended to increase penalties from $2,000 to between $5,000 and $10,000 per false claim. In 1999, the penalties were raised to their present level of between $5,500 and $11,000 per false claims.  As a result of budget legislation just passed, the FCA penalties as well as Read more →

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Department of Justice Follows Through on Threat of Individual Prosecution

Posted on Health Care Law News, White Collar News November 1, 2015 by author

Only weeks after Deputy Attorney General Sally Yates announced that the government was going to take a harder line against individuals in corporate fraud cases, the government has charged the former CEO of Warner Chilcott. Carl Reichel was arrested in connection with a health care fraud, false claims and kickback investigation that has also lead Read more →

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