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Justice to Target Corporations and C-Suite Executives in the Healthcare Industry

On Thursday, May 14, 2015, at a meeting of the American Bar Association’s Healthcare Fraud Section, Leslie Caldwell, the Assistant Attorney General for the Department of Justice (DOJ) Criminal Division, declared stamping out...more

BakerHostetler Data Security Incident Response Report Shows Human Error is More Often to Blame

Human error was the number one cause of data security incidents according to a new report released today by the Privacy and Data Protection Team at BakerHostetler. In the incidents that the firm worked on last year, employee...more

Spotlight on Responsibility and Accountability: OIG’s New Compliance Guidance for Health Care Governing Boards

On April 20, 2015, the Office of the Inspector General of the U.S. Department of Health and Human Resources (“OIG”), in collaboration with the American Health Lawyers Association, the Association of Healthcare Internal...more

Blog: HIPAA FAQ Series: Do You Need a BAA with Your Cloud Storage Provider?

This week, the HIPAA FAQ series continues with another topic about business associate agreements (BAAs). As most Covered Entities and Business Associates know, in the event that a Covered Entity utilizes a service provider...more

Department Of Health And Human Services Issues Proposed New Rules Implicating The Use Of Electronic Health Records And Patient...

On December 8, 2014, the U.S. Department of Health and Human Services (“HHS”) issued a proposed rule related to changes to the Medicare Shared Savings Program. These revisions promote the use of electronic health records by...more

Health Care Update - December 2014 #4

Let’s Get to Work: OIG Releases 2015 Work Plan, Focusing on Long-Term Care and Health Reform - The U.S. Department of Health and Human Services (HHS)--Office of Inspector General (OIG) released its 2015 Work Plan (Work...more

Perspectives - Trends and topics in not-for-profit management - September 2014

In this Issue: - Not-for-Profit Volunteers: HIPAA Compliance & Training - Not-for-Profit Spotlight: Project Sunshine - 10 Ways to Lose Your Not-for-Profit Status - Economic Development...more

How is Graphene Currently Used and What is the Hope for the Future? [Video]

In the second video of a three-part series, Fenwick attorney Paul Smith talks about the growing anticipation surrounding this strong, conductive and flexible material. Why the excitement? Simply put, graphene is easy. It’s...more

What is Graphene? Fenwick Patent Attorney Has the Answer [Video]

The technology and life sciences communities alike have been raving about new "wonder material" graphene for the past year. From applications for wearable devices to the creation of lightweight, bendable televisions and...more

Health Update - Jan 27, 2014

Going Digital with Patients: Managing Potential Liability Risks of Patient-Generated Electronic Health Information - Patients are increasingly using new electronic tools, such as personal health records and mobile...more

Cloud Storage Providers Storing Protected Health Information May Be Obligated to Comply with HIPAA Regulations

A recently issued government rule may unknowingly create significant liability and legal risk for many technology enterprises. The expanded definition of "business associates" and related interpretations by the Department of...more

One Week to Get Business Associate Agreements Executed Under HIPAA Omnibus Rule’s Grandfather Clause

On Jan. 17, 2013, the long-awaited HIPAA “Omnibus Rule” went on display at the Federal Register, finalizing changes to the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules....more

Evolution and Refinement: Recent Texas Legislative Efforts on Medical Records, Corporate Practice, and Other Issues

In This Presentation: Question 1: • If a physician complies with HIPAA, he or she has also complied with all requirements of Texas’ medical privacy laws. • True •...more

The HIPAA Auditors Are Coming. Are You Ready?

On June 10, 2011, the U.S. Department of Health and Human Services’ Office for Civil Rights (“OCR”) awarded KPMG a $9.2 million contract to develop a pilot HIPAA audit program mandated under the HITECH...more

Health Care Credentialing Update – November 2011

In this issue; - Illinois Trial Court Upholds Patient Safety Act Privilege Protection of Walgreens Patient Safety Work Product in Case of First Impression - Ethical Challenges in Healthcare Quality and Risk...more

Health Care Update – November 2011

In this issue; - Illinois Trial Court Upholds Patient Safety Act Privilege Protection of Walgreens Patient Safety Work Product in Case of First Impression - Health Care Practice and Attorneys Recognized in Chambers,...more

Points & Authorities - Special Issue Fall 2011

In This Issue: - A Good Way to Give Bad News: Recent Amendment to California’s Breach Notification Statute - Accountable Care Organizations: The Private Sector Will Lead - New Faces - Points from the...more

Beyond the Cover Story Part 2: The Final ACO Regulations - November 9, 2011 (Presentation)

In This Presentation: What Guidance is Available? What is an ACO? Application; Agreement; Governance; Leadership; Two Shared Savings Models; Shared Savings Payments; Appeals; Assignment of Beneficiaries; Fraud and Abuse;...more

SZD Health Law Strategist: Vigorous HIPAA Privacy Rule enforcement; Impact of Sunshine Law on physicians

Vigorous HIPAA Privacy Rule enforcement With the announcements of Cignet’s $4.3 million civil monetary penalties and two recent resolution payments, HHS’ Office of Civil Rights sent a clear message that it is serious about...more

HIPAA Enforcement Against UCLA and New Rule Proposal Bring Scrutiny to Workforce Access to Health Information

On May 31, 2011, the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued a notice of proposed rulemaking (NPRM) that would provide individuals with a new right under HIPAA. The NPRM...more

How ACOs Will Use and Disclose Protected Health Information While Complying with HIPAA

The Centers for Medicare & Medicaid Services (CMS) has released proposed regulations establishing Accountable Care Organizations (ACOs) and creating the Medicare Shared Savings Program (the Program). The Program will permit...more

CMS and OIG Propose Waivers of Fraud and Abuse Laws for ACOs

On April 7, 2011, the Centers for Medicare & Medicaid Services and the Office of Inspector General published proposed waivers of federal fraud and abuse laws — specifically the Stark law, the federal anti-kickback statute and...more

ACO Update: Proposed ACO Fraud and Abuse Waivers Narrower than Expected

Recently issued regulations and other notices for comments have given health care providers guidance on how to organize and operate accountable care organizations (ACOs) in order to be eligible to receive payments under...more

ACO Update: Increased Exchange of PHI for ACO Participants; Beneficiaries Retain HIPAA Privacy Rights

Recently issued regulations and other notices for comments have given health care providers guidance on how to organize and operate accountable care organizations (ACOs) in order to be eligible to receive payments under...more

9 No-Nonsense Rules to Ensure a HIPAA-Compliant Health Care Social Media Strategy

Health care social media continues to be a hot-button issue for hospitals and other provider types around the country. Health care provider organizations considering taking a first step into social media often articulate...more

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