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Brave New World: Compliance and the Transition to Value-Based Care

The U.S. health care system is in the midst of a fundamental shift, away from traditional “fee-for-service” models that reward providers for the quantity of services provided to patients, toward value-based models designed to...more

Don't WannaCry: Ten Questions Boards and Company Management Can Ask in the Wake of Recent Ransomware Attacks

The WannaCry ransomware attack that hit computers around the world last week is yet another reminder that computers play key roles in most enterprises, and that it does not take much to disable those computers. Questions...more

Ten Things Investors Need to Know About Value-Based Healthcare

This article highlights key business and legal issues related to value-based healthcare for investors considering opportunities in the healthcare industry. 1. Value-Based Arrangements Are Here to Stay Value-based...more

Recommendations for Medical Device Manufacturers

The U.S. health care system is in the midst of a fundamental shift, away from traditional fee-for-service models that reward providers based upon the volume of services provided to patients, and toward value-based care...more

What’s Ahead for Value-Based Health Care?

Prior to the presidential election in November, experts believed that the trend toward value-based payment – the concept of rewarding providers based on the quality of care delivered, rather than the number of procedures...more

Federal Trade Commission Holds Medical Laboratory Liable for Allegedly Unfair Data Security Practices

On July 29, the Federal Trade Commission (“FTC” or “Commission”) issued a unanimous Opinion and Final Order reversing the FTC Administrative Law Judge (“ALJ”) Initial Opinion issued November 13, 2015, which had dismissed the...more

Federal Trade Commission Chairwoman Ramirez Testifies Before Congress Regarding 17 FTC Reform Bills Pending in Congress

On May 24, 2016, Federal Trade Commission (“FTC” or the “Commission”) Chairwoman Edith Ramirez delivered testimony before the House Energy and Commerce Committee’s Subcommittee on Commerce, Manufacturing, and Trade in a...more

FTC’s Proposed Settlement with Dental Practice Software Provider Marks Latest Data Security Action Against a Product Supplier

On January 5, the Federal Trade Commission (“FTC”) reached an agreement with Henry Schein Practice Solutions, Inc. (“HSPS”) to settle allegations that HSPS misrepresented that its dental practice software provided...more

ALJ Dismisses FTC Data Security Claims Against LabMD Due to Lack of Actual or Likely Substantial Consumer Harm

On November 13, a Federal Trade Commission administrative law judge dismissed the FTC data security complaint against medical laboratory LabMD, potentially vindicating LabMD’s vigorous two-year struggle to deny the FTC’s...more

11/25/2015  /  ALJ , Data Breach , FTC , LabMD , Section 5

California Attorney General Issues Guidance on Do Not Track

In 2013, the California Legislature passed a tracking transparency bill, AB 370, which amended the California Online Privacy Protection Act (“CalOPPA”). AB 370 requires commercial website operators to inform users of how they...more

Hulu Video Privacy Protection Act Summary Judgment Ruling in the N.D. of California Emphasizes Importance of Knowing What Data...

On Monday, April 28, 2014, the Northern District of California in In Re: Hulu Privacy Litigation, No. 3:11-cv-03764-LB (M.J. Laurel Beeler), issued a summary judgment opinion under the Video Privacy Protection Act (“VPPA”),...more

No More Excuses: HHS Issues New HIPAA Tool for Small Businesses

Three U.S. Department of Health and Human Services (“HHS”) agencies, the Office for the National Coordinator for Health IT (“ONC”), in conjunction with the Office for Civil Rights (“OCR”) and the Office of the General Counsel...more

4/10/2014  /  Audits , HHS , HIPAA , OGC , Risk Assessment , Small Business

Ninth Circuit Rules Against Spokeo on FCRA Claim

On February 4, 2014, the U.S. Court of Appeals for the Ninth Circuit held that plaintiffs need not allege actual injury to demonstrate constitutional standing for a willful violation of the Fair Credit Reporting Act (the...more

2/13/2014  /  Article III , FCRA , Willful Violations

Massachusetts Health Policy Commission Releases Regulations for Registration of Provider Organizations

On January 8, 2014, the Massachusetts Health Policy Commission (the “HPC”) published a Notice of Hearing and proposed regulations detailing the process that certain provider organizations (as described below) must follow in...more

HHS Issues Proposed Rule Requiring Health Plans to Demonstrate Compliance with HIPAA Electronic Transaction Standards and...

On January 2, 2014, the U.S. Department of Health and Human Services (HHS) published a proposed rule that would require “controlling health plans” (CHPs) to demonstrate compliance with certain electronic transaction standards...more

Proposed Massachusetts Regulations Governing Risk-Bearing Provider Organizations

On November 7, 2013, the Massachusetts Division of Insurance (“DOI”) published a Notice of Hearing and proposed regulations regarding the certification of Risk-Bearing Provider Organizations (“RBPOs”). These regulations are...more

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