Blog - Archive for Health Care Law News

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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HHS-OCR Launches Phase 2 of HIPAA Audits, Will Include “Business Associates”

Posted on Health Care Law News March 25, 2016 by Robert Nicholson

The United States Department of Health and Human Services Office of Civil Rights (OCR) has officially started the second phase of HIPAA Audits, which will include “Business Associates” for the first time.  When HHS-OCR previously conducted Phase 1 (the “pilot” phase) of its audits, it focused exclusively on “covered entities” such as hospitals, doctors’ offices, and Read more →

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