Ryan Blaney

Ryan Blaney

Cozen O'Connor

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Another Health Plan Hit By Massive CyberAttack and Class Actions Follow

Coming fresh off the heels of the Anthem data breach Premera Blue Cross announced on March 17th that it was the victim of a “sophisticated” cyberattack that may have exposed the personal information of approximately 11...more

4/6/2015 - Class Action Cybersecurity Data Breach Health Insurance Personally Identifiable Information Popular Premera Blue Cross

“It’s Not Easy to Unscramble the Eggs” … Despite the FTC’s Win at the U.S. Supreme Court, the Phoebe Putney Hospital Merger...

Nearly four years after the Federal Trade Commission (“FTC”) first challenged the combination of the only two hospitals in Albany, Georgia, the FTC, Phoebe Putney Health Systems, Inc. (“Phoebe Putney”), Hospital Authority of...more

4/6/2015 - Antitrust Litigation Consent Agreements FTC FTC v. Phoebe Putney Health System Hospital Mergers Hospitals

Another Health Plan Hit By Massive CyberAttack and Class Actions Follow

Coming fresh off the heels of the Anthem data breach Premera Blue Cross announced on March 17th that it was the victim of a “sophisticated” cyberattack that may have exposed the personal information of approximately 11...more

3/31/2015 - Class Action Data Breach Duty of Care Health Insurance Healthcare HIPAA Insurers Personally Identifiable Information Premera Blue Cross

On the Horizon … A Possible “Permanent” Cure to Medicare’s “Doc Fix”

In a historic bipartisan moment, the U.S. House of Representatives passed a nearly 300-page bill that is intended to “repeal the Medicare sustainable growth rate [“SGR”] and strengthen Medicare access by improving physician...more

3/30/2015 - Healthcare Medicare Pending Legislation Physician SGR Formula Physicians

Going Paperless: FDA Releases Draft Guidelines to Digitize Clinical Trials

The FDA released draft guidelines (“Guidelines”) on Monday, March 9, 2015 establishing recommendations on the use of e-media and processes to obtain informed consent for clinical investigations (trials) of medical products...more

3/13/2015 - Clinical Trials Electronically Stored Information FDA Healthcare Informed Consent Prescription Drugs

ProMedica and the AHA Seek Guidance from SCOTUS on Hospital Consolidations and Mergers

The New Year started out with a bang in the healthcare antitrust circles with ProMedica Health Systems Inc.’s (“ProMedica”) well-publicized petition to the US Supreme Court and the American Hospital Association’s (AHA) amicus...more

2/9/2015 - American Hospital Association Antitrust Provisions Healthcare Hospital Mergers Hospitals Industry Consolidation ProMedica SCOTUS

Decision Alert: US Supreme Court Potentially Shifts the Balance in Healthcare Employee Benefits Litigation

Justice Clarence Thomas and a unanimous US Supreme Court decided to vacate a Sixth Circuit decision and hold that the federal courts cannot assume from silence in a union’s collective bargain agreement that retiree group...more

1/27/2015 - CBAs Collective Bargaining Employer Group Health Plans Health Insurance Healthcare M&G Polymers v Tackett Retirement SCOTUS Unions

Time to Get Rid of Those Post-it Notes with All Your Passwords!!!

This month, Governor Chris Christie signed into law a New Jersey bill requiring health insurance carriers (e.g., insurance companies, health service corporations, hospital service corporations, medical service corporations,...more

1/23/2015 - Encryption Health Insurance HIPAA New Legislation Personally Identifiable Information

“LoProCo”, 12,915 Complaints, and Other Lessons from OCR/NIST

12,915 complaints were reported in 2013 to the Department of Health and Human Services Office of Civil Rights (“OCR”) according to Illiana L. Peters, Senior Adviser for HIPAA Compliance and Enforcement. Cozen O’Connor...more

9/29/2014 - Cybersecurity Data Protection EHR HIPAA NIST OCR PHI

CMS and ACOs: A Busy Summer and a Busier Fall

It has been a busy summer so far for the Centers for Medicare & Medicaid Services (CMS) with respect to Accountable Care Organizations (ACOs), as the agency has proposed altering the quality reporting measures under the...more

8/6/2014 - ACOs CMS Healthcare Medicare Shared Savings Program OMB

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

ACOs And Pay for Value … About the Data

It has been over three years since the Centers for Medicare and Medicaid Services (CMS) announced its proposed rule and guidance on the development and implementation of Accountable Care Organizations. About four million...more

7/25/2014 - ACOs CMS Healthcare HIPAA Medicaid Medicare Patient Privacy Rights Risk Assessment Risk Management Rulemaking Process

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

Is $210 Million Enough? How About $54.2 Million?

On June 25, 2014, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services Office of Inspector General (OIG) issued and certified, as required by the Small Business Jobs Act of 2010...more

6/26/2014 - CHIP CMS Fraud Fraud and Abuse OIG Small Business Small Business Jobs Act

Attention All Health Plans: You Must Register for an HPID. Immediately!!!

It has been 18 years in coming, and the time is finally here. All Controlling Health Plans (CHPs) must obtain a unique Health Plan Identifier (HPID). A CHP is a health plan that controls its own business activities, actions,...more

6/18/2014 - Controlling Health Plan Healthcare HIPAA HPID

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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