In this issue: Proof of Knowledge (Or Participation or Intent) Not Required; State Security Breach Notification Laws; and Coming Soon: HIPAA Gets a Facelift.
Many in the industry have watched with concern the increasing numbers of criminal prosecutions of healthcare executives for corporate fraud. Proof of Knowledge (or Participation or Intent) Not Required explores the Federal Government’s use of United States v. Park and the “Responsible Corporate Officer” doctrine to prosecute and exclude corporate healthcare executives. Given this environment and its serious implications for healthcare executives as well as the industry, considerations for procedures and compliance issues are suggested. Also provided is timely advice on how to minimize the risk of potential liability.
Another area of increasing risk is security breaches and how well or poorly a company responds when breaches happen. Forty-six states have statutes that direct what must be done when a breach occurs, and a company can face substantial fines for not complying with these statutes. State Security Breach Notification Laws gives in-depth analysis of how states have come to deal with security breaches as well as citations to all of these statutes.
Our final article is a preview of things to come. The HIPAA regulations that we have been following for years will be changing soon. As we await the final regulations, Coming Soon: HIPAA Gets a Facelift will give you a glimpse into what to expect.
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Administrative Law Updates, Criminal Law Updates, Health Law Updates, Privacy Updates, Science, Computers & Technology Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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