Nicole Martin

Nicole Martin

Cozen O'Connor

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CDC Publishes Updated Interim Guidance Regarding Potential Ebola Exposure

According to the World Health Organization, the Ebola outbreak is “the biggest and most complex . . . in history,” and in August, the World Health Organization declared the Ebola outbreak in West Africa to be a “Public Health...more

10/29/2014 - CDC Ebola World Health Organization

CDC Publishes Revised Ebola Guidelines and Announces New Monitoring Program

The CDC recently announced stricter guidelines on the use of personal protective equipment for United States healthcare workers providing healthcare services to patients with Ebola (“Guidelines”). According to the CDC, the...more

10/24/2014 - CDC Ebola Employer Liability Issues Health Care Providers Hospitals Physicians Workplace Safety

Skilled Nursing Facility Reaches Largest Failure of Care Settlement in DOJ History

On Friday October 10, 2014, the Department of Justice (DOJ) and the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) jointly announced a $38 million settlement with a skilled nursing facility...more

10/14/2014 - DOJ Healthcare Healthcare Professionals HHS Nurses OIG Settlement Skilled Nursing Facility

CMS Approves Pennsylvania’s Medical Assistance (Medicaid) Waiver

CMS approved Pennsylvania’s Medical Assistance (“Medicaid”) waiver request entitled Healthy Pennsylvania (“Waiver” or “Healthy Pennsylvania”) by letter dated August 28, 2014. Governor Tom Corbett and the Pennsylvania...more

9/9/2014 - Affordable Care Act CMS Health Insurance Healthcare Medicaid Waivers

Special (Limited) CMS Offer to Settle Claims on Appeal

With little fanfare just before the Labor Day weekend, CMS announced a program in which it would enter into administrative agreements with eligible providers in exchange for the providers’ withdrawal of pending appeals...more

9/4/2014 - Appeals CMS Healthcare Hospitals RACs Settlement

Recent OCR Reports Illustrate Past and Future Compliance and Enforcement Efforts

Daily news stories about data breaches and enforcement actions seem to be the new norm, so it’s no surprise that people may start to believe that hackers have won the war and that no personal health information is safe. But...more

7/30/2014 - Compliance Data Breach Data Protection Enforcement Enforcement Actions OCR

We Don’t Need No Intervention: Qui Tam Relator in Omnicare Wins Big Without DOJ

The United States Department of Justice (DOJ) recently announced the settlement of two qui tam whistleblower lawsuits against Omnicare Inc., the largest nursing home pharmaceutical and pharmacy services vendor in the nation....more

7/24/2014 - DOJ Nursing Homes Omnicare Qui Tam Whistleblowers

The American Medical Association Releases New Telemedicine Recommendations

Recently, the American Medical Association (AMA) released a report on telemedicine (Report) that, among other things, (i) outlines coverage and payment rules; (ii) summarizes various specialty society practice...more

7/10/2014 - American Medical Association Healthcare Telemedicine

Begin Preparing for Pennsylvania’s Enforcement of Act 122

The Pennsylvania Department of Health (“DOH”) Bureau of Laboratories (“Bureau”) recently announced that it will begin to phase-in enforcement of Act 122, which amended the Pennsylvania Clinical Laboratory Act (“Lab Act”),...more

7/3/2014 - Clinical Laboratories Healthcare Healthcare Facilities Physicians

Enforcement Action – FTC Is Not Backing Down and Laboratory Company Goes After a Cyber-Intelligence Company

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is not the only government arm that enforces data breaches. The Federal Trade Commission (FTC) has broad authority to regulate the security of...more

6/11/2014 - Cybersecurity Data Protection Enforcement Enforcement Actions FTC HHS Popular

Data Brokers: “Off the Radar” – FTC Calls for Greater Oversight

A report recently released by the Federal Trade Commission (FTC) concludes that data brokers currently operate so far below the radar screen that most consumers are unable to exercise any real control over the collection and...more

6/10/2014 - Data Brokers Data Collection FTC Transparency

Five Key Proposed Changes to OIG’s CMP Authority

In May and within a week of the Office of Inspector General of the Department of Health and Human Services (OIG) releasing a proposed rule to expand its exclusion authority, the agency also released a proposed rule (Rule)...more

6/6/2014 - Civil Monetary Penalty Enforcement Jurisdiction OIG

Proposed Expansion of OIG’s Exclusion Authority

In May, the Office of Inspector General of the Department of Health and Human Services (OIG) proposed a new rule (Rule) that would implement changes included in the ACA. The Rule would expand OIG’s authority to exclude...more

6/6/2014 - Affordable Care Act Audits Exclusions Healthcare OIG

Failure to Encrypt Mobile Devices = Nearly $2 Million in Settlements

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) settled for the collective amount of $1,975,220 with Concentra Health Services (Concentra) and QCA Health Plan, Inc. (QCA). The settlements stem...more

5/28/2014 - Concentra Cybersecurity Data Breach Data Protection EHR Encryption Healthcare HHS HIPAA Mobile Devices OCR PHI

“Cha-Ching” – HIPAA Settlement Reaches New Heights and Signals More To Come

In the largest HIPAA enforcement action to date, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) extracted $4.8 million from two leading New York institutions, New York-Presbyterian Hospital...more

5/27/2014 - Breach Notification Rule Data Breach Disclosure Disclosure Requirements Enforcement Enforcement Actions Healthcare HHS HIPAA OCR Settlement

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