Blog - Archive for Health Care Law News

Federal Courts Continue to Refine Particularity Requirements Under the False Claims Act

Posted on Health Care Law News August 4, 2017 by Robert Nicholson

In one of the latest opinions from a Federal Circuit Court of Appeals on the issue of the particularity required of a whistleblower in bringing a False Claims Act case, the First Circuit Court of Appeals allowed a case to proceed with allegations regarding a single false claim.  The Court commented that with respect to the allegations of Read more →

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Overpayment Retention Results in False Claims Act Penalty

Posted on Health Care Law News September 24, 2016 by Robert Nicholson

Three hospitals within New York’s Mount Sinai Health System recently agreed to pay $2.95 million to resolve allegations that they knowingly retained Medicaid overpayments, violating both federal and New York False Claims Acts. This case serves as a critical reminder to healthcare providers and facilities of their legal obligations under the 60-day overpayment rule, a Read more →

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False Claims Act Penalties Set To Dramatically Rise

Posted on Health Care Law News July 4, 2016 by Robert Nicholson

The United States Department of Justice (DOJ) recently published an Interim Final Rule announcing that, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, part of the Bipartisan Budget Act of 2015. Pub. L. No. 114-74, § 701, 129 Stat. 584, 599 (2015), it intended to dramatically increase the minimum per-claim penalty Read more →

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$750,000 Settlement Highlights the Need for HIPAA Business Associate Agreements

Posted on Health Care Law News May 22, 2016 by Robert Nicholson

The HHS Office of Civil Rights (OCR) recently announced that Raleigh Orthopaedic Clinic, P.A. of North Carolina has agreed to pay $750,000 to settle charges that it potentially violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule by handing over protected health information (PHI) for approximately 17,300 patients to a potential Read more →

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New Florida Health Laws Prohibit Unexpected Balance Billing and Demand Greater Pricing Transparency

Posted on Health Care Law News May 2, 2016 by Robert Nicholson

Florida recently became the latest state to enact legislation protecting consumers from unexpected medical bills through balance billing.  Unexpected “balance billing” happens when a patient is unaware that they are receiving treatment from a medical provider that is not covered under his or her health insurance plan (i.e., a provider who is “out-of-network”). This may Read more →

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