Science, Computers & Technology, Commercial Law & Contracts, Insurance

Rx for HIPAA Compliance

by Mintz Levin - Privacy & Security on 5/20/2013

Weighing in at half the length of Tolstoy’s legendary tome War and Peace, it is no surprise that the thought of the impending deadline for compliance with the 538-page HIPAA Omnibus Rule has left many small clinical...more

OIG Revises Special Advisory Bulletin on Exclusions

by Howard Young | Morgan Lewis on 5/10/2013

OIG continues its aggressive interpretation of scope and effect of exclusion from participation in Federal health care programs and clarifies several open questions....more

PODs Beware: OIG Releases Special Fraud Alert

by Matthew Murer | Polsinelli on 5/10/2013

The Office of the Inspector General (OIG) released a Special Fraud Alert on March 26, 2013 warning that physician-owned distributorships (PODs) are "inherently suspect" under the Anti-Kickback Statute (AKS). Generally...more

Cyber Risk Insurance May Cost More Than You Think

by Thomas Caswell, III | Zelle Hofmann Voelbel & Mason LLP on 5/9/2013

Since 2003, all but four states have enacted laws concerning data breaches and the protection of consumers’ personal information. This regulation of electronic data containing personal information and the protection of such...more

Insurance Coverage for Cyber Attacks

by Roberta Anderson | K&L Gates LLP on 5/8/2013

There’s no denying that the present-day Internet, while extraordinary, is increasingly scary. Cyber attacks of various types continue to escalate across the globe. As stated by one recent commentator: “Cybercrime is raging...more

Checklist for Timely Compliance with HIPAA Omnibus Rule

by Lori Oliphant | Winstead PC on 5/7/2013

The deadline for compliance with the new HIPAA Omnibus Rule is looming for group health plans. As explained in a prior blog, stiff penalties may be imposed on employers whose plans fail to comply. Accordingly, employers...more

HIPAA Task Force – May 2013

by Jennifer Spiegel Berman, Molly E. G. Ferraioli, Thora A. Johnson, Jessica Kuester, Peter Parvis | Venable LLP on 5/2/2013

In this issue: - What Your Business Needs To Do About Hipaa — Now - Action Items for Covered Entities and Business Associates (including Subcontractors) - Changes Impacting Business Associates (including...more

OIG and CMS Issue Proposals to Extend Safe Harbor and Exception for EHR Donations

by Darby C. Allen, Donna S. Clark | BakerHostetler on 4/22/2013

In the April 10 Federal Register, two agencies within the U.S. Department of Health and Human Services published proposed rules that many healthcare providers have been anxiously awaiting affecting donations of electronic...more

CMS and OIG Issue Proposed Rules Modifying the Stark Exception and Anti-Kickback Safe Harbor for Donation of EHR

by C. Frederick Geilfuss II, Shilpa Patel, Richard Rifenbark, Donald H. Romano | Foley & Lardner LLP on 4/19/2013

On April 10, 2013, the Centers for Medicare and Medicaid Services (CMS) and the Office of the Inspector General of the U.S. Department of Health and Human Services (OIG) each published proposed rules in the Federal Register...more

340B Drug Pricing Program: Recent Developments

by Elizabeth Elson, Anil Shankar | Foley & Lardner LLP on 4/19/2013

The 340B Drug Pricing Program (340B Program) continues to undergo a period of intense scrutiny and debate over how compliance with program rules is enforced. As previously reported in the May 30, 2012 edition of Foley’s Legal...more

HHS Office of Inspector General Issues Updated Self-Disclosure Protocol

by Ropes & Gray LLP on 4/19/2013

On April 17, 2013, the Office of Inspector General of the Department of Health and Human Services (“OIG”) released an Updated Provider Self-Disclosure Protocol (“SDP”). The Updated SDP replaces OIG’s original Provider...more

CMS Creates "Open Payments" Website For Reporting Under The Physician Payment Sunshine Act

by Thomas Donohoe, Lauren Groebe, Lindsay Kessler, Matthew Murer | Polsinelli on 4/18/2013

On April 12, 2013, the Center for Medicare and Medicaid Services (“CMS”) created the “Open Payments” website where reported information under Section 6002 of the Affordable Care Act (“ACA”), commonly referred to as the...more

CMS Officially Launches National Physician Payment Transparency Program Website

by Karen S. Lovitch, Kate Stewart | Mintz Levin - Health Law on 4/16/2013

The Centers for Medicare & Medicaid Services (“CMS”) recently launched the National Physician Payment Transparency Program: OPEN PAYMENTS website, which provides Sunshine Act compliance resources, including Fact Sheets and...more

HIPAA’S FINAL RULE: Putting Things in Perspective – Comments from OCR

by Patricia Shea | K&L Gates LLP on 4/2/2013

On March 22, 2013, Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) Director Leon Rodriguez presented the keynote address to attendees of the American Health Lawyers’ Association HIPAA/HITECH Conference in...more

Cyber Risks: Creating A Comprehensive Cyber Insurance Program

by Katherine Dawson Varholak, Brooke Yates | Sherman & Howard L.L.C. on 3/21/2013

Insurance is one important line of defense companies can use to protect against the potentially devastating costs of responding to cyber breaches. The following list gives examples of insurance coverage to consider when...more

Protect Your Business With Cyber Liability Coverage

by Amanda Hairston | Farella Braun + Martel LLP on 3/11/2013

Many insurers are now offering “cyber liability” or “cyber risk” policies designed to protect policyholders against electronic injuries that policyholders may either suffer themselves or cause to others. Most of these...more

Final Sunshine Act Arrives: Now the Hard Part

by Michele L. Buenafe, Jonathan Havens, Kathleen McDermott, Rebecca Osowski, Albert Shay | Morgan Lewis on 3/8/2013

The Centers for Medicare and Medicaid Services (CMS) issued the final regulations on the U.S. Sunshine Act on February 8, 2013. Transparency Reports and Reporting of Physician Ownership or Investment Interests, 78 Fed. Reg....more

Highlights of the Omnibus HIPAA/HITECH Final Rule

by Robert Chu, William Conaboy, Gregory Fliszar, Katherine Layman, Judy Mayer | Cozen O'Connor on 3/7/2013

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

CMS Publishes Final Sunshine Act Rule Creating New Regulatory Landscape for Physician-Manufacturer Interactions

by Tom Crane, Brian P. Dunphy, Kimberly J. Gold, Karen S. Lovitch, Kate Stewart | Mintz Levin - Health Law on 3/7/2013

Originally published in the Health Care Fraud Report, 17 HFRA 219, on 03/06/2013. The final rule (the ‘‘Final Rule’’) implementing the Physician Payments Sunshine Act (‘‘Sunshine Act’’), published in the Federal...more

Physician Payment Sunshine Act Final Rule Released

by Thomas Donohoe, Lauren Groebe, Lindsay Kessler, Matthew Murer | Polsinelli on 3/7/2013

In This Issue: - Interpretation and Clarification of Key Definitions ..Applicable Manufacturers ..Applicable GPOs ..Covered Drug, Device, Biological or Medical Supply ..Covered Recipients ...more

The Sunshine Physician Payment Final Rule Overview and Analysis

by Nancy Bonifant, Elizabeth Carder-Thompson, Katie Pawlitz | Reed Smith on 3/6/2013

On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) of the Department of Health and Human Services (HHS) released the long-awaited Final Rule (Rule) to implement the “Sunshine” provisions of the Affordable...more

Insuring Your Business -- March 2013

by Michael R. Kelley | McNees Wallace & Nurick LLC on 3/5/2013

In This Issue: - Insurance Coverage Update: Reservation of Rights Letters - Insurance Spotlight: Cyber Risks. ...more

Pro Te Solutio - Vol. 5 No. 4 November 2012

by Butler, Snow, O'Mara, Stevens and Cannada,... on 3/4/2013

In This Issue: - Forecast for the Physician Payments Sunshine Act: Partly Cloudy - Document Preservation Notices and the Lists of Who Receive Them: Are They Discoverable? - FDA Warning Letters Through...more

The Sunshine Act Final Rule: CMS Sheds Light on Reporting Physician and Teaching Hospital Payments

by Tripp Haston, Amy Leopard, Amanda Nichols, Whitt Steineker | Bradley Arant Boult Cummings LLP on 2/22/2013

On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) released a final rule implementing the Physician Payment Sunshine Act (the “Act”). The Act requires certain manufacturers of covered drugs, devices, and...more

Here Comes the Sun: Final Rules Implementing the Federal Sunshine Law

by Ropes & Gray LLP on 2/20/2013

On February 1, 2013, the Centers for Medicare & Medicaid Services (CMS) released the long-awaited final rule implementing the Federal Sunshine Law (42 U.S.C. 1320a-7h). (The rule was subsequently published in the Federal...more

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Science, Computers & Technology › Commercial Law & Contracts › Insurance