Ryan Blaney

Ryan Blaney

Cozen O'Connor

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Data Security Plays a Key Role in the Adoption and Success of Precision Medicine

The White House recently released a guidance document for those in the precision medicine community to help ensure that participants’ data and resources remain secure. The document, titled “Precision Medicine Initiative:...more

6/17/2016 - Data Protection Data Security Precision Medicine Initiative (PMI)

The E-Cigarettes Industry Fights Back Challenging the FDA in Federal Court

Days after the publication of the Food and Drug Administration’s controversial final rule regarding e-cigarettes (and other nicotine-delivering products), a company called Nicopure Labs LLC filed a lawsuit challenging it in...more

5/17/2016 - E-Cigarettes FDA Preliminary Injunctions Reporting Requirements

Heads-Up! HIPAA Phase Two Audits Begin – Business Associates Included!

The Department of Health and Human Services (HHS) Office of Civil Rights (OCR) finally announced on March 21 that it is ready to begin Phase Two of its HIPAA audit program, which will include business associates. These...more

3/24/2016 - Covered Entities HHS HIPAA Audits HITECH OCR

Finally! CMS Publishes the 60-Day Rule for Reporting and Repaying Medicare Overpayments

After four years and 200 comments, CMS finalized the much-awaited “60-Day Rule” for reporting and repaying Medicare Part A and B overpayments (CMS issued a Final Rule related to Medicare part C and D overpayments in the May...more

2/15/2016 - Affordable Care Act CMS False Claims Act (FCA) Medicare Part A Medicare Part B Overpayment Recovery Time Limits

Largest Criminal Health Care Fraud Takedown – 243 Charged and $712 Million in False Billings

On June 18, 2015, HHS Secretary Sylvia M. Burwell and DOJ Attorney General Loretta E. Lynch announced nationwide arrests in Medicare fraud schemes amounting to approximately $712 million in false billings. Attorney General...more

6/19/2015 - Criminal Prosecution DOJ Enforcement Actions False Billing Health Care Providers Healthcare Healthcare Fraud Medicare Secretary of HHS

Not Much New … But a Good Reminder for Medical Director Relationships

After a significant number of settlement agreements between the U.S. Department of Health and Human Services Office of Inspector General (OIG), OIG decided to release a Fraud Alert reminding physicians, practices and...more

6/16/2015 - Anti-Kickback Statute Fraud Alerts Healthcare HHS Hospitals OIG Physician Compensation Arrangements Physicians

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 Insurance Industry 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

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