Elizabeth F. Hodge

Elizabeth F. Hodge

Akerman LLP

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New OIG Special Fraud Alert Aimed at Laboratory Payments to Referring Physicians

On June 25, 2014, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a Special Fraud Alert entitled "Laboratory Payments to Referring Physicians."...more

7/11/2014 - Fraud Healthcare Healthcare Fraud HHS OIG Physicians

Florida Information Protection Act of 2014 - Florida Means Business When It Comes to Protecting Customers' Personal Information

On June 20, 2014, Governor Rick Scott signed into law the Florida Information Protection Act of 2014 ("FIPA"), which became effective July 1, 2014. FIPA expands the obligations of businesses and government entities that...more

7/11/2014 - Breach Notification Rule Data Breach Data Protection Personally Identifiable Information

Patient Records: Increasing Exposure for Privacy Breaches

Healthcare providers and businesses that store or process protected health information ("PHI") face increased scrutiny and significant fines for data privacy breaches and security lapses in the coming months....more

7/9/2014 - Popular

The Downside To Sharing – Two Hospitals To Pay Largest HIPAA Fine Yet

On May 7, 2014, the U.S. Department of Health and Human Services Office for Civil Rights ("OCR") announced the largest settlement to date under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). New...more

5/9/2014 - Data-Sharing Healthcare HIPAA Hospitals Non-Judicial Settlement Agreements OCR Patient Confidentiality Breaches Patient Privacy Rights

The Government Is Here To Help: HHS Releases HIPAA Security Risk Assessment Tool For Small Providers

The U.S. Department of Health and Human Services ("HHS") has just released a new security risk assessment ("SRA") tool to assist small and medium sized health care practices (one to ten providers) conduct a HIPAA risk...more

4/1/2014 - HHS HIPAA Risk Assessment Small Business

CMS Now Requiring Qualified Health Plans To Accept Premium Payments From Certain Third Parties

As previously reported on November 13, 2013 and February 20, 2014, the Centers for Medicare and Medicaid Services ("CMS") has attempted to provide guidance as to when it is appropriate for issuers of "qualified health plans"...more

3/27/2014 - CMS Healthcare Premiums Qualified Health Plans

Unique Data Breach Settlement – A Sign Of Things To Come?

A judge in the United States District Court for the Southern District of Florida has approved a $3 million data breach class action settlement agreement between AvMed, Inc. and plaintiffs. The settlement arises out of a...more

3/5/2014 - AvMed Class Action Data Breach Data Protection Settlement

35 Days And Counting - R.I.P. Windows XP

Effective April 9, 2014, Microsoft will no longer provide technical support or security updates for the Windows XP operating system. According to Microsoft, personal computers running Windows XP after April 8, 2014 should not...more

3/3/2014 - Cybersecurity Data Breach HHS HIPAA Microsoft Risk Assessment

HHS Allows Third-Party Premium Payments By Tribes And Non-Profits

We previously reported that the U.S. Department of Health and Human Services ("HHS") has discouraged hospitals and other third parties from paying patients' premiums or cost-sharing. HHS stated in its November 4, 2013 FAQ...more

2/21/2014 - Affordable Care Act AIDS HHS Hospitals Indigenous Peoples Native American Issues Non-Profits Qualified Health Plans

New Privacy Rule Gives Patients Right To Access Lab Test Reports

On February 6, 2014, the Centers for Medicare and Medicaid Services (CMS) and the U.S. Department of Health and Human Services Office for Civil Rights (HHS OCR) issued a final rule amending the Clinical Laboratory Improvement...more

2/7/2014 - CLIA CMS HHS HIPAA Medicaid Medicare Privacy Policy

Accretive Health Data Breach Leads To Twenty-Year Settlement With The FTC

On December 31, 2013, the Federal Trade Commission ("FTC") announced that Accretive Health, Inc., ("Accretive") agreed to settle charges that the company's inadequate data security measures exposed sensitive consumer...more

1/14/2014 - Compliance Cybersecurity Cybertheft Data Breach EHR Enforcement FTC PHI Settlement

"Meaningful" Errors Require Hospital System To Refund $31M

In what is reported to be the largest repayment to date involving "meaningful use" incentive payments, Naples, Florida-based Health Management Associates, Inc. ("HMA"), with 71 inpatient facilities in 15 states, including...more

11/8/2013 - CMS Compliance EHR Hospitals Incentives Plain Error Refunds SEC

PODs Continue To Attract Scrutiny From OIG And Congress

In the wake of a recent U.S. Department of Health and Human Services Office of Inspector General ("OIG") investigation, physicians with ownership interests in medical device distributorships and hospitals should prepare for...more

10/31/2013 - Fraud HHS Investigations Medical Devices OIG Physician-Owned Distributors Physicians

It's Never Too Late To Give Guidance: OCR Starts Releasing HIPAA Omnibus Rule Guidance In Anticipation Of September 23 Compliance...

This has been a busy week for the Department of Health and Human Services / Office for Civil Rights (HHS/OCR). It has started releasing guidance on various provisions of the Omnibus HIPAA final rule (the "Final Rule") in...more

9/23/2013 - CLIA Data Protection HHS HIPAA HIPAA Omnibus Rule HITECH Notice Requirements OCR PHI

The High Cost of Paying Physicians for Referrals: Tuomey Healthcare System Faces Penalties of up to $357 Million

On May 8, 2013, a jury sitting in the U.S. District Court for South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act (FCA) by illegally paying referring physicians. The jury...more

5/17/2013 - False Claims Act Penalties Physician Payments Physicians Stark Law

HIPAA Omnibus Final Rule Imposes New Obligations on Business Associates

On January 25, 2013, the Department of Health and Human Services/Office for Civil Rights (HHS/OCR) published in the Federal Register (78 Fed. Reg. 5566) the long-awaited final rule titled Modifications to the HIPAA Privacy,...more

2/12/2013 - Business Associates Covered Entities Data Protection HIPAA HIPAA Omnibus Rule Medical Records PHI Subcontractors

Health Care Reform: Recent Guidance on "Play or Pay" Rules for Applicable Large Employers in 2014

Many important aspects of the Patient Protection and Affordable Care Act ("ACA") will go into effect in 2014, including the implementation of health insurance exchanges, and the requirement for certain employers to offer...more

1/17/2013 - Affiliates Affordable Care Act Employer Group Health Plans Health Insurance Exchanges IRS Pay or Play Subsidiaries

The Federal Government Issues Proposed Regulations for the Affordable Care Act

On November 20, 2012, the United States Department of Health and Human Services (DHHS), Center for Medicare and Medicaid Services (CMS) published proposed rules to implement several key areas of the Affordable Care Act (ACA)....more

11/27/2012 - CMS EHB HHS

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