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A Tale of Two Circuits: D.C. Circuit, Fourth Circuit Split on ACA Subsidies

It was the best of times for ACA subsidies, it was the worst of times for ACA subsidies. On Tuesday, the Court of Appeals for the D.C. Circuit (“D.C. Circuit”) and the Court of Appeals for the Fourth Circuit (“Fourth...more

7/23/2014 - Affordable Care Act Chevron Deference Health Insurance Health Insurance Exchanges Healthcare IRS Subsidies Tax Credits

News from the Health Law Gurus™: July 2014

Survey of ACA Navigators Finds 10.6 Million People Sought Enrollment Help — In a survey released this week, the Kaiser Family Foundation (“Kaiser”) estimates that approximately 10.6 million people received assistance...more

7/18/2014 - Affordable Care Act Bribery Burwell v Hobby Lobby Clinical Laboratories Closely Held Businesses Contraceptive Coverage Mandate DOJ Employer Liability Issues False Claims Act Halifax Hospital Health Insurance Health Insurance Exchanges Healthcare Kaiser Permanente Medicare Physicians Popular Propos Settlement Whistleblowers

Lab Arrangements under the Microscope: OIG Issues New Fraud Alert

Arrangements between laboratories and referring physicians/physician group practices (the “physicians”) have long been subject to scrutiny by the Department of Health and Human Services Office of Inspector General (“OIG”). On...more

7/7/2014 - Healthcare Healthcare Fraud HHS OIG

News from the Health Law Gurus™

Pa. Supreme Court Weighs in on Medical Record Charges — In Wayne M. Chiurazzi Law v. MRO, Chief Justice Ronald D. Castille, writing for the majority of the Pennsylvania Supreme Court, interpreted the Medical Records...more

6/30/2014 - Affordable Care Act Fees Healthcare HHS HIPAA Medical Records

$800,000 Medical Records Dumping Settlement: Expensive Reminder that HIPAA Applies to Paper Records, Too

A 2009 incident involving the dumping of 71 boxes of medical records will cost an Indiana-based health system, Parkview Health System, Inc. (“Parkview”), $800,000 for alleged violations of the Health Insurance Portability and...more

6/24/2014 - HHS HIPAA Hospitals Medical Records PHI Popular Settlement

News from the Health Law Gurus™

News from the Health Law Gurus™ is a weekly summary of notable health law news from around the country with helpful links to related content. Check back every Friday for the latest health law news stories. ...more

6/23/2014 - Affordable Care Act American Medical Association Healthcare HHS SEC Telemedicine Ways and Means Committee

News from the Health Law Gurus™

News from the Health Law Gurus™ is a weekly summary of notable health law news from around the country with helpful links to related content. Burwell Confirmed as HHS Secretary—Last week, the Senate approved of the...more

6/16/2014 - Affordable Care Act Anti-Kickback Statute DOJ Healthcare HHS ONC

News from the Health Law Gurus™: May 2014

News from the Health Law Gurus™ is a weekly summary of notable health law news from around the country with helpful links to related content. ...more

5/26/2014 - Administrative Appointments CEHRT CMS Criminal Prosecution DOJ EHR Healthcare Fraud HHS HMOs Meaningful Use Secretary of HHS

News from the Health Law Gurus™: Week of May 11th, 2014

News from the Health Law Gurus™ is a weekly summary of notable health law news from around the country with helpful links to related content. ...more

5/19/2014 - Affordable Care Act Enforcement Enforcement Actions Fraud Healthcare Healthcare Fraud HHS Medicaid Medicare OIG Proposed Regulation

News from the Health Law Gurus™ - May 2014

Massachusetts to Start from Scratch with Health Insurance Website — Massachusetts plans to abandon its health insurance exchange website in favor of starting over from scratch, according to a New York Times report....more

5/12/2014 - Affordable Care Act Department of Health Electronic Medical Records Health Insurance Exchanges Healthcare HHS HIPAA OIG Patient Confidentiality Breaches Physician Medicare Reimbursements Settlement

Server Breach Makes ePHI Accessible on Google, Costs Covered Entities $4.8 Million

It would be pretty unsettling if your patient status, vital signs, medications, and laboratory results were available for the world to see on Google, wouldn’t it? According to recent settlement agreements announced by the...more

5/9/2014 - Covered Entities Cybersecurity Data Breach Google HHS HIPAA Hospitals Non-Judicial Settlement Agreements OCR Patient Confidentiality Breaches Patient Privacy Rights

COBRA Coverage Too Expensive? Consider ACA Coverage Instead, Obama Administration Says

On Friday, the Obama administration announced a proposed rule (the “Proposed Rule”) that will require that notices sent to workers regarding Consolidated Omnibus Budget Reconciliation Act (“COBRA”) health insurance coverage...more

5/7/2014 - Affordable Care Act CMS COBRA DOL Health Insurance Healthcare Obama Administration

News from the Health Law Gurus™

News from the Health Law Gurus™ is a weekly summary of notable health law news from around the country with helpful links to related content. Check back every Friday for the latest health law news stories....more

5/5/2014 - Affordable Care Act False Claims Act Health Insurance Exchanges Healthcare Telemedicine

Can You See Me Now? Telemedicine Doctors Monitor Patients Remotely

You have a fever. Your stomach hurts. You have a cough and a runny nose. And to top it all off, your primary care doctor’s office is closed. What are you supposed to do? The answer is simple – telemedicine....more

4/30/2014 - American Telemedicine Association Employer Liability Issues Healthcare Technology Telemedicine

Where There’s Smoke, There’s Proposed Regulation: FDA Seeks to Bring E-Cigarettes Within Its Regulatory Authority

On April 24, 2014, the Food and Drug Administration (“FDA”) released a proposed rule (the “Proposed Rule”) that will expand its authority to regulate items like electronic cigarettes (“e-cigarettes”). The Proposed Rule...more

4/28/2014 - E-Cigarettes FDA

News from the Health Law Gurus™

Passwords Affected from Heartbleed – HealthCare.gov, the website for the federally-facilitated health insurance exchanges under the Affordable Care Act, reset user passwords in the aftermath of Heartbleed, a security flaw in...more

4/28/2014 - Amedisys Cyber Attacks E-Cigarettes FCA FDA Healthcare.gov Heartbleed HIPAA

To Encrypt or Not to Encrypt—A $2 Million Question with a Simple Answer, HHS Says

The Department of Health and Human Services (“HHS”) just announced a pair of settlements arising out of the theft of two laptops containing protected health information (“PHI”). Two entities, Concentra Health Services...more

4/24/2014 - Concentra HHS HIPAA OCR QCA Healthplan Settlement

If It’s Broken, Fix It (At Least Temporarily): New “Doc Fix” Law Prevents Automatic Medicare Pay Cuts to Physicians

Were you worried that your physician pay rate would plummet come March 31 due to Medicare’s sustainable growth rate (“SGR”) formula? You can stop pulling out your hair, at least until next year. On April 1, 2014, President...more

4/11/2014 - Healthcare Healthcare Reform Medicare Physician SGR Formula

New HIPAA Tool Released by the Federal Government – Makes Assessing Risks Easier and It Won’t Cost You a Dime

Do you lie awake at night wondering if you or the health care entity for which you work is complying with the Health Insurance Portability and Accountability Act (“HIPAA”)? If so, you will be happy to hear that a good night’s...more

4/11/2014 - Data Protection Electronic Medical Records Healthcare Professionals HHS HIPAA Security Risk Assessments

I’ll Be Watching You: Medicare Billing Info on over 880,000 Providers Released by CMS to Improve Transparency

Every payment you take, every claim you make, someone will be watching you. No, we don’t mean Sting. We mean all the consumers and businesses that will have greater access to physician billing information now because today...more

4/10/2014 - CMS Healthcare Medicare Medicare Part B Transparency

It’s Not Too Late: You May Still Qualify for ACA Coverage

March 31 was the last day to enroll in a health insurance plan through the federally-facilitated health care exchange. However, like many other Affordable Care Act (“ACA”) deadlines, the March deadline was a soft deadline, as...more

4/8/2014 - Affordable Care Act CMS Extensions Health Insurance Healthcare.gov Open Enrollment

Counties Beware – Your Governmental Status Does Not Protect You from Liability for a HIPAA Breach

As a county government, you may think that you have the protection of sovereign immunity and protection from other governments penalizing you. Your status does not protect you. The Department of Health and Human Services...more

3/21/2014 - Data Breach Data Protection Governmental Liability Healthcare HHS HIPAA

HHS to Health Insurers: Same Treatment for Same-Sex Couples

A release and a blog post from the Department of Health and Human Services (“HHS”) on Friday announced that starting in 2015, health insurance companies will be required to offer coverage to same-sex spouses if they offer...more

3/19/2014 - Affordable Care Act Discrimination Health Insurance HHS Preexisting Conditions Same-Sex Marriage

March 31: ACA Deadline or Just Another Monday?

March 31, 2014 is the open enrollment deadline for individuals who want to buy health insurance through the Health Insurance Marketplace (also known as the “Exchange”). Or is it?...more

3/19/2014 - Affordable Care Act Health Insurance Health Insurance Exchanges HHS

Seeing Dollar Signs: U.S. Settles with Ophthalmologist for $1.4 Million to Resolve FCA Claims

Last week, the United States settled with a Baltimore ophthalmologist for alleged violations of the False Claims Act (“FCA”). Pursuant to the settlement, the ophthalmologist, Dr. John Arthur Kiely, agreed to pay $1.4 million...more

3/18/2014 - False Claims Act Healthcare Healthcare Fraud Medicaid Medicare

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