Jenna Shedd-Sawl

Jenna Shedd-Sawl

Obermayer Rebmann Maxwell & Hippel LLP

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Breach of ePHI Results in $2.7 Million Fine

Oregon Health & Science University (“OHSU”) has paid $2.7 million to the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) to settle allegations that it violated the Health Insurance Portability...more

7/20/2016 - Business Associates Corrective Actions Data Security Electronically Stored Information Encryption Fines HIPAA HIPAA Breach Internet Service Providers (ISPs) OCR PHI Settlement Agreements

Ask the Health Law Gurus™: Can a Prison Forcibly Medicate an Inmate with a Psychotropic Drug against the Inmate’s Will?

Question: Can a Pennsylvania prison forcibly administer a psychotropic medication to an inmate against the inmate’s will? Answer: In Pennsylvania, a prison’s ability to forcibly medicate an inmate with a psychotropic...more

6/22/2016 - Inmates Medical Records Mental Health Prescription Drugs Prison

Ask the Health Law Gurus™: What is a Non-Compete Clause in an Employment Contract? Is it Enforceable?

Question: I have heard about non-compete clauses being negotiated in employment agreements with physicians. What is a non-compete clause? What does it mean if my contract has a non-compete clause?...more

6/13/2016 - Confidential Information Employment Contract Enforceability Hiring & Firing Hospitals Non-Compete Agreements Physicians

False Claims Act Penalties Moving Full Steam Ahead

By August 1, 2016, all federal agencies must adjust their civil monetary penalties, including penalties required by the False Claims Act (“FCA”), to account for inflation. Last month, the Railroad Retirement Board, which...more

6/6/2016 - Bipartisan Budget Civil Monetary Penalty Cost-of-Living Adjustment (COLA) Eighth Amendment Excessive Fines Clause False Claims Act (FCA) Health Care Providers Health Insurance Inflation Adjustments

Spring Showers Bring HIPAA Breaches

OCR has announced several recent settlement agreements to resolve violations of the Health Insurance Portability and Accountability Act (“HIPAA”). These settlement amounts range from $25,000 to $3.9 million dollars and...more

4/27/2016 - Business Associates Corrective Actions Covered Entities HIPAA Breach OCR PHI Settlement Agreements

SOS Answered: New Guidance on HIPAA for App Developers

Amidst criticism that the Health Insurance Portability and Accountability Act (“HIPAA”) lags behind technological innovation, the Office for Civil Rights (“OCR”) released new guidance to aid app developers in determining how...more

4/12/2016 - App Developers Business Associates Covered Entities HIPAA New Guidance OCR PHI

Ask the Health Law Gurus™: What Is a Civil Monetary Penalty and How Is It Different from an OCR Settlement?

The Health Law Gurus™ are here to help you stay current on issues and breaking news in health law. To help you stay up-to-date, we are excited to announce our new segment, “Ask the Health Law Gurus™.” Each month, we will...more

2/16/2016 - Civil Monetary Penalty Corrective Actions HIPAA HIPAA Breach OCR Settlement

Historic Moment: Husband Reports Wife’s HIPAA Violation Triggering Six Figure Penalty Against Employer

For the second time in history, the Office for Civil Rights (“OCR”) has imposed a civil monetary penalty (“CMP”) against a covered entity for violations of the Health Insurance and Portability Act (“HIPAA”). Lincare, Inc., a...more

2/5/2016 - Civil Monetary Penalty Covered Entities HIPAA OCR PHI Summary Judgment

False Claims about Encryption Cost an Arm, a Leg, and a Tooth

Earlier this month, Henry Schein Practice Solutions, Inc. (“Schein”), a provider of office management software to dental practices, learned the hard way that exaggerating the capabilities of its products can be very costly....more

1/13/2016 - Encryption False Advertising FTC Health Information Technologies HIPAA NIST Unfair or Deceptive Trade Practices

Traveling for Medical Care — The Increasing Popularity of Medical Tourism

Medical tourism is the term used to describe the movement of patients across international borders in pursuit of medical care and treatment. While in the United States the term is usually associated with Americans leaving the...more

1/8/2016 - Employer Healthcare Costs Health Care Providers International Travel Patients Travel

Looking Ahead to 2016 and Beyond: Could the Precision Medical Initiative Revolutionize the Way Patients Receive Medical Treatment?

The Precision Medicine Initiative (“PMI”) was officially unveiled in President Obama’s January 2015 State of the Union address. Precision medicine is an emerging approach for disease prevention and treatment that considers an...more

12/18/2015 - Healthcare HIPAA NIH Personalized Medicine Precision Medicine Initiative (PMI)

Are Wearable Devices a Privacy Nightmare?

Wearable devices, such as fitness trackers and smart watches, have taken the United States technology industry by storm. In the past three years, there has been a 500% increase in the number of fitness bands and activity...more

12/14/2015 - Data Collection Data Privacy FDA Fitbit HIPAA Personal Data Popular Wearable Technology

High Cost of HIPAA Violations Demonstrated in $3.5 Million Settlement

Triple-S Management Corporation (“Triple-S”), on behalf of its wholly-owned subsidiaries, Triple-S Salud, Inc., Triple-C, Inc., and Triple-S Advantage, Inc., has agreed to pay $3.5 million as part of a Resolution Agreement...more

12/2/2015 - Covered Entities HIPAA Insurance Industry OCR PHI Settlement Agreements

Hospital’s Turkey Dinner Is $850,000 Fine for Failure to Secure Mobile Medical Devices

Just before Thanksgiving, Lahey Hospital and Medical Center (“Lahey”), a non-profit teaching hospital located in Burlington, Massachusetts, agreed to pay $850,000 for a breach of unsecured electronic protected health...more

12/1/2015 - Encryption HIPAA Breach Mobile Devices OCR PHI Teaching Hospitals

Final Rule Issued: Stark Law Modifications Designed to Ease the Burden of Compliance

On October 30, 2015, the Centers for Medicare and Medicaid (“CMS”) issued a final regulation that includes modifications to the Stark Law (the “Final Rule”). Among other things, the Final Rule adds two new exceptions to the...more

11/19/2015 - Chief Compliance Officers CMS Final Rules Health Care Providers Stark Law

Medical Devices a Target for Online Hackers

In the past few years, medical devices have become a major target for online criminals. Not only are medical devices considered to be one of the easiest and most vulnerable points of entry into a health care enterprise, they...more

11/17/2015 - FDA Hackers Health Care Providers Medical Devices Patient Confidentiality Breaches Popular

OCR Audits to Begin in 2016

Beginning in 2016, the United States Department of Health and Human Services’ Office for Civil Rights (OCR) will conduct another round of audits to gauge compliance with privacy provisions in the Health Insurance Portability...more

11/2/2015 - Audits Covered Entities Health Insurance HHS HIPAA OCR

Controversial Cybersecurity Information Sharing Act Passes in Senate

This week, the Senate passed a cybersecurity bill, called the Cybersecurity Information Sharing Act of 2015 (the “CISA”), by a vote of 74 to 21. With the Senate’s vote, the bill is one step closer to becoming law....more

10/30/2015 - CISA Cybersecurity Pending Legislation Privacy Concerns

Effective November 1, 2015: New Jersey Expands Scope of Prescription Monitoring Program

In July, New Jersey Governor Chris Christie signed legislation that expands the access, registration, and utilization of the New Jersey Prescription Monitoring Program (NJPMP). The legislation, Senate Bill 1998 (S-1998), is...more

10/28/2015 - Chris Christie Controlled Substances Data Collection Health Care Providers Healthcare New Legislation Pharmacies Pharmacist Physicians Prescription Drugs Substance Abuse

Physician Group Practice Pays $750,000 for Breach of Unsecured Electronic Protected Health Information on Electronic Device

Cancer Care Group, P.C. (“CCG”), a radiation oncology physician group practice in Indiana, agreed to pay $750,000 for a breach of unsecured electronic protected health information (“ePHI”). CCG will also implement a...more

9/3/2015 - Data Breach Electronic Medical Records OCR Patient Confidentiality Breaches PHI Physicians Risk Assessment Settlement

OIG Issues Advisory Opinion No. 15-12: Free Home Health Provider Visits Do Not Violate Anti-Kickback Statute

The Department of Health and Human Services Office of Inspector General (“OIG”) recently issued a new advisory opinion finding that free introductory visits (the “Introductory Visits”) for patients offered by a home health...more

9/2/2015 - Advisory Opinions Anti-Kickback Statute CMP Law Health Care Providers HHS Home Health Agencies Home Health Care Medicare OIG

Hospital Pays $218,400 to OCR for HIPAA Violations

St. Elizabeth’s Medical Center (“SEMC”), a tertiary care hospital in Brighton, Massachusetts, has agreed to pay $218,400 to the Office for Civil Rights (“OCR”) to settle alleged violations of the Health Insurance Portability...more

7/16/2015 - Data-Sharing Enforcement Actions Health Care Providers Healthcare HIPAA OCR PHI Settlement

OIG Issues New Fraud Alert: Physician Compensation Arrangements May Result in Significant Liability Under the Anti-Kickback...

Medical directors, beware. The Office of Inspector General (“OIG”) warns in its recently released fraud alert (“Fraud Alert”) that physician compensation arrangements, such as medical directorships, run the risk of violating...more

6/11/2015 - Anti-Kickback Statute Fraud Alerts OIG Physician Compensation Arrangements Physicians

Pennsylvania Physicians Now Required to Wear Photo Identification Badges

As of June 1, 2015, a new Pennsylvania law went into effect, requiring the following individuals to wear photo identification badges: - All employees and physicians working at health care facilities licensed by the...more

6/2/2015 - Healthcare Healthcare Facilities New Legislation Physicians

Revised Guidance for Privacy and Security of Electronic Health Information Released by Government

The Office of the National Coordinator for Health Information Technology (“ONC”) has released a revised Guide to Privacy and Security of Electronic Health Information (the “Guide”), which is intended to be a resource for...more

5/5/2015 - Business Associates Cybersecurity Electronic Medical Records Guidance Update Health Care Providers Hospitals Meaningful Use ONC PHI Security and Privacy Controls

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