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Notice of Proposed Rulemaking Would Align So-Called Part 2 Confidentiality Requirements With HIPAA Requirements

On December 2, 2022, the Office for Civil Rights (“OCR”) and the Substance Abuse and Mental Health Services Administration (“SAMHSA”) within the U.S. Department of Health and Human Services (“HHS”) issued a Notice of Proposed...more

New Jersey Imposes New Employment - Related Obligations on Health Care Entities Undergoing Change in Control

Effective November 16, 2022, New Jersey will impose additional requirements on both the buyer and seller when a ‘health care entity’ undergoes a change in control. In accordance with S315, which was enacted on August 18,...more

New Jersey Enacts Employee Protections Following a Health Care Entity’s Change in Control

Effective November 16, 2022, New Jersey will impose additional requirements when a ‘health care entity’ is sold or undergoes a change in control. The changes are the result of the enactment of S-315, on August 18, 2021....more

Health Care Cybersecurity Continues To Be Relevant

​October was National Cybersecurity Month. As part of its ongoing focus on HIPAA Security Rule awareness and compliance, the Office for Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”),...more

Keep Your PHI Out of the Trash! OCR Announces Large Settlement With a Medical Practice After PHI Found in a Dumpster

On August 23, 2022, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) announced a $300,640 settlement and a Corrective Action Plan (“CAP”) with New England Dermatology P.C., d/b/a...more

11 Additional Providers Resolve HHS OCR Investigations Related to the HIPAA Right of Access Initiative

On July 15, 2022, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) announced the resolution of eleven investigations as part of its Health Insurance Portability and...more

The Hospital Merger Altar: Proposed Unions Abandoned Within Days of the FTC Deciding Not to Forever Hold Its Peace

As we have just passed the half-way point of 2022, many health systems are thinking about acquisitions they would like to complete before the end of the calendar year. In addition to the necessary due diligence, contracting...more

New HHS Guidance Prepares HIPAA-Covered Entities for End of Pandemic Flexibility

On June 13, 2022, the U.S. Department of Health and Human Services Office for Civil Rights issued guidance (the “Guidance”) for covered health care providers and health plans relating to the use of remote communication...more

HHS Announces Four HIPAA Compliance Enforcement Actions With Health Care Providers

On March 28, 2022, the United States Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced the resolution of three investigations and one matter before an Administrative Law Judge related...more

U.S. Department of Justice Announces $5.6 Billion in False Claims Act Recoveries During FY 2021

On February 1, 2022, the U.S. Department of Justice (DOJ) released its enforcement statistics for fiscal year 2021. The DOJ obtained over $5.6 billion in False Claims Act (FCA) recoveries in the fiscal year ending September...more

2022 Health Care Predictions

​COVID-19 – and its variants Delta and Omicron – continue to wreak havoc around the world. Thousands of individuals have died and continue to die, and millions more have been diagnosed as having COVID-19. Many sectors of the...more

OCR Announces Five Enforcement Actions With Five Different Providers Pursuant to the HIPAA Right of Access Initiative

On November 30, 2021, the United States Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced its five actions – four settlements and corrective action plans, and one civil money penalty in...more

HHS OIG Releases Updated Health Care Fraud Self-Disclosure Protocol

On November 8, 2021, the United States Department of Health and Human Services (HHS) Office of Inspector General (OIG) released an updated Self-Disclosure Protocol (SDP) (here). The revision of the SDP is an important...more

Philadelphia Issues New Update to COVID-19 Vaccine Mandates for Healthcare Employees and Students, Faculty and Staff in...

On October 6, 2021, the Philadelphia Department of Public Health (DPH) announced a series of extensions designed to allow healthcare employers and institutions of higher education to comply with the City’s vaccine mandate....more

Nebraska Children’s Hospital Agreed to Pay $80,000 in OCR’s Twentieth HIPAA Right of Access Initiative

On September 10, 2021, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced the twentieth settlement of an enforcement action under its HIPAA Right of Access Initiative...more

Philadelphia Announces COVID-19 Vaccine Mandates for Healthcare Employees and Students, Faculty, and Staff in Institutions of...

On August 13, 2021, Philadelphia’s Department of Public Health (“DPH”) announced an emergency regulation mandating COVID-19 vaccines that will affect healthcare institutions and the City’s colleges and universities. Many of...more

The Federal Government Recouped $1.8 Billion from Health Care Fraud During Fiscal Year 2020

The 24th Annual Report from the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ) reports that the Federal Government won or negotiated more than $1.8 billion in health care fraud...more

New Jersey Executive Order Mandates Regular Testing for Unvaccinated Individuals in Certain Health Care Entities and High-Risk...

On August 6, 2021, New Jersey Governor Phil Murphy issued Executive Order 252 as New Jersey and the nation continues to battle COVID-19 and the Delta variant. This most recent Executive Order takes effect on September 7, 2021...more

CMS Releases Interim Final Rule to End Surprise Medical Bills

On July 1, 2021, the U.S. Department of Health and Human Services (HHS), along with several other federal agencies, issued an interim final rule to implement the first of several requirements in the No Surprises Act, which...more

OCR Settles Nineteenth Investigation in HIPAA Right Of Access Initiative

On June 2, 2021, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS), announced that the Diabetes, Endocrinology & Lipidology Center, Inc., (DELC) agreed to pay $5,000, enter into a...more

Clinical Laboratory Agrees to Pay $25,000 to Settle Potential HIPAA Security Rule Violations

On May 25, 2021, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS), announced that Peachstate Health Management, LLC d/b/a AEON Clinical Laboratories (Peachstate) agreed to pay...more

OIG Issues Favorable Advisory Opinion For Hospital/Physician ASC Joint Venture

In a recent advisory opinion, the Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services (“HHS”) concluded that an investment by a health system, a management company, and surgeons in an...more

Two More OCR HIPAA Right of Access Initiative Settlements Announced With a Massachusetts Behavioral Health Hospital and a New...

On March 24th and March 26th, the United States Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced it settled its respective seventeenth and eighteenth enforcement actions as part of...more

Sweet 16? Regional Health Care Organization Agrees to Pay $70,000 as Part of OCR’s Most Recent Settlement Relating to Its Right of...

On February 12th, the United States Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced it settled its sixteenth enforcement action as part of its HIPAA Right of Access Initiative (the...more

2021 Health Care Predictions

One year ago – in early 2020 – most of us did not know what COVID-19 meant (co-Corona; vi-Virus; d-disease; 19 – 2019); had no idea how to “zoom”; did not know what social distance meant; and, were largely unfamiliar with...more

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