Eric Kintner

Eric Kintner

Snell & Wilmer

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Latest Publications


New HIPAA Audits Have Begun. Time to Prepare for the “Audit Lottery.”

The US Department of Health and Human Services Office of Civil Rights (OCR) recently announced that it has activated Phase 2 of the HIPAA Audit Program. OCR’s new Phase 2 will focus on reviewing the policies and procedures of...more

3/23/2016 - Breach Notification Rule Covered Entities HIPAA Audits OCR PHI

Connecticut AG Enforces HIPAA Privacy Rules Against Hospital and its Business Associate

Last week, the Connecticut Attorney General’s office announced that it had entered into a settlement agreement with the Hartford Hospital and its business associate vendor, the EMC Corporation (EMC), to resolve claims arising...more

11/30/2015 - Attorney Generals Business Associates HIPAA Breach HITECH Hospitals Patient Privacy Rights

New HIPAA Audit Program Expected in 2016

The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) recently issued a report reviewing the HIPAA audit program that is administered by the Office of Civil Rights (OCR). The OCR is responsible...more

11/20/2015 - Audits HIPAA HIPAA Audits OCR OIG

Colorado Medical Board Adopts New Telehealth Policies

On August 20, 2015, the Colorado Medical Board (the Board) adopted Policy 40-27, which sets forth important new guidelines for providers delivering healthcare services via telehealth technologies, including the ability to...more

9/1/2015 - Disclosure Requirements Healthcare Informed Consent Pharmacies Prescription Drugs Technology Telehealth Telemedicine

The Colorado Data Breach Law

Almost all U.S. states have laws about data security and what to do when there’s a data breach. Here is the Colorado law, which is codified at C.R.S. § 6-1-716, Who the law applies to. An individual or commercial...more

5/7/2015 - Data Breach Notification Requirements

Colorado Passes “Full Parity” Telemedicine Law, Although Some Gaps Remain

On March 20, 2015, Colorado Governor John Hickenlooper signed into law HB 15-1029, which requires that insurers operating in Colorado reimburse health care providers for telehealth services in all of Colorado’s counties,...more

3/31/2015 - Health Insurance Medical Reimbursement New Legislation Telehealth Telemedicine

HIPAA Violation — Pharmacy Held Liable for Employee’s Misdeeds

Recently, the Indiana Court of Appeals let stand a $1.4 million jury verdict against a national pharmacy chain for its employee pharmacist’s unauthorized disclosure of a customer’s confidential medical records.  Given the...more

1/26/2015 - Appeals HIPAA Jury Verdicts Patient Confidentiality Breaches Pharmaceutical Industry Unauthorized Disclosure Vicarious Liability Walgreens

For-Profit Hospitals and Management Companies May Enjoy New Tax Benefits

The IRS recently issued a private letter ruling which allowed a for-profit medical group (e.g., a hospital) to benefit from losses sustained by its wholly owned physician medical group – and allowed this to occur in a state...more


New Colorado Durable Medical Equipment Supplier License Requirements Become Effective 12-31-14

Effective December 31, 2014, durable medical equipment (DME) suppliers that do business in the State of Colorado will be required to have a license from the Colorado Secretary of State. In addition, as part of the license...more

12/24/2014 - Durable Medical Equipment Licensing Rules Medicaid Medicare Suppliers

An Analysis Of Physician Compare Website

The rise of consumer-driven health care passed a milestone on Feb. 21, when, for the first time, the Centers for Medicare and Medicaid Services, or CMS, posted on its Physician Compare website performance scores on quality...more

4/16/2014 - CMS Healthcare Physicians Websites

Corporate Communicator - Spring 2014

In this issue of the Corporate Communicator we bring you two short articles on important developments from the SEC relating to private securities offerings and private M&A transactions. In the first article, we discuss the...more

3/28/2014 - Crowdfunding General Solicitation JOBS Act Private Offerings Rule 506 Offerings SEC

Obamacare’s New Wave Of Transparency

In A 1913 Harper’s Weekly article titled “What Publicity Can Do,” U.S. Supreme Court Justice Louis Brandeis made his famous statement that “sunlight is said to be the best of disinfectants” in arguing for greater disclosure...more

9/24/2013 - Affordable Care Act Healthcare Transparency

Trends to Watch in 2013: Physician-Owned Distributors

Physician-owned distributors (PODs) that sell medical devices have seen substantial growth over the last few years as well as increased regulatory scrutiny. We expect both trends to continue in 2013. PODs are arrangements in...more

1/2/2013 - Anti-Kickback Statute Competition Medical Devices OIG Physician-Owned Distributors

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