News & Analysis as of

Electronic Medical Records Civil Monetary Penalty

Clark Hill PLC

OIG Releases Final Rule for Information Blocking Penalties

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On July 3, the Department of Health, and Human Services (“HHS”) Office of Inspector General (“OIG”) published a final rule establishing the statutory civil money penalties created by the 21st Century Cures Act (“Cures Act”)...more

McDermott Will & Emery

Special Report - A Million Reasons to Share: OIG’s Final Rule on Information Blocking Enforcement

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On July 3, 2023, the US Department of Health and Human Services Office of Inspector General (OIG) published its long-awaited final rule implementing the 21st Century Cures Act provisions authorizing OIG to investigate claims...more

White and Williams LLP

Information Blocking: What Providers And Programmers Need To Know

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Federal enforcement of the 21st Century Cures Act’s (the Cures Act) prohibitions on improper blocking of electronic health information is ramping up. The Cures Act already targets technology developers and health information...more

Mintz - Health Care Viewpoints

ONC Publishes Report, Commentary on Information Blocking Rule Claims Trends

The Office of the National Coordinator for Health Information Technology (ONC) published noteworthy information blocking claim submission trends to date in its recent Information Blocking Claims: By the Numbers post on the...more

Goodwin

The Office of the National Coordinator for Health Information Technology Interoperability and Information Blocking Final...

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As of April 5, 2021, health information technology companies and developers are required to comply with the information blocking provisions of the Centers for Medicare and Medicaid Services’ (CMS) and the Office of the...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 30, Number 7. News Briefs: February 2021 #2

Report on Medicare Compliance 30, no. 7 (February 22, 2021) - A Michigan woman is the first in the nation to be charged criminally with misappropriating money from the Provider Relief Fund (PRF), the Department of Justice...more

McDermott Will & Emery

Stark and AKS Final Rules Will Facilitate Donations of EHR and Cybersecurity Technology and Services

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On November 20, 2020, the Centers for Medicare and Medicaid Services and Office of Inspector General released final rules amending the regulations to the Stark Law and the Anti-Kickback Statute and Beneficiary Inducement...more

Sheppard Mullin Richter & Hampton LLP

Big Changes for Health Care Fraud and Abuse: HHS Gifts Providers Updates to the Stark Law and the AKS, Just in Time for the...

On November 20, 2020, the Centers for Medicare and Medicaid Services (“CMS”) and the Office of Inspector General (“OIG”) promulgated much-anticipated and significant final rules intended to “modernize” and “clarify”...more

McDermott Will & Emery

HHS Finalizes Sweeping Changes to Stark Law, Anti-Kickback Statute Regulations

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On November 20, 2020, the US Department of Health and Human Services (HHS) released final rules amending the regulations to the physician self-referral law (Stark Law) (Stark Rule) and the Anti-Kickback Statute (AKS) and...more

Seyfarth Shaw LLP

New Safe Harbors In A Storm of Risk and Regulations: A Review of the OIG’s Proposed Changes to the Federal Anti-Kickback Laws

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In an effort to modernize and clarify a statute that looms large in the minds of health care providers across the nation, the Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) recently...more

Saul Ewing LLP

Texas State Health Agency Agrees to $1.6 Million Civil Monetary Penalty For Numerous HIPAA Violations

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On November 7, 2019, the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) imposed a $1.6 million civil money penalty (CMP) against the Texas Health and Human Services Commission (TX...more

Robinson+Cole Data Privacy + Security Insider

HHS Increases Civil Monetary Penalties under HIPAA

In accordance with the Inflation Adjustment Act, the Department of Health and Human Services (HHS) has updated its regulations to reflect required annual inflation-related increases to civil monetary penalties, including...more

Ballard Spahr LLP

OCR Hits Health System with $2.2M Fine for HIPAA Violations

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The U.S. Department of Health and Human Services Office of Civil Rights (OCR) imposed $2,154,000 in civil monetary penalties against Jackson Health System in Florida for failing to meet HIPAA privacy and security...more

Polsinelli

Important Highlights from the NIST/OCR HIPAA Security Conference Last Week

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Every year, the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services, Office for Civil Rights (OCR) jointly sponsor a conference to “address the dynamic and challenging...more

Akerman LLP - Health Law Rx

Caution: Curb Your Enthusiasm for the Reduced HIPAA Annual Limits

Until recently, the annual limit for civil monetary penalties (CMP) that could be levied against covered entities and business associates in violation of the Health Insurance Portability and Accountability Act of 1996, as...more

Polsinelli

HHS’s Enforcement Discretion Notice May Signal More Potential Violations

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The HHS Office for Civil Rights (“OCR”) issued a notice in the Federal Register regarding its Enforcement Discretion (84 Fed. Reg. 18151) on April 30, 2019. HHS announced that HHS will now apply a different cumulative annual...more

Robinson+Cole Health Law Diagnosis

HHS Exercises Discretion to Reduce Maximum Annual Civil Money Penalties for Certain HIPAA Violations

On April 26, 2019, the U.S. Department of Health and Human Services (HHS) issued a Notification of Enforcement Discretion (Notice) regarding imposition of Civil Money Penalties (CMPs) under HIPAA. ...more

Bass, Berry & Sims PLC

Latest HIPAA Compliance & Enforcement Trends

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Enforcement activity by the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) showed no signs of slowing throughout 2018 and has already picked up speed in 2019. More recent and significant actions...more

Akerman LLP - Health Law Rx

Lack of Timely Action and Knowledge of Risk Results in $3.2 Million Civil Monetary Penalty for HIPAA Violations

Children’s Medical Center of Dallas (Children’s) was hit with a $3.2 million civil penalty from the U.S. Department of Health and Human Services, Office for Civil Rights (OCR) for failing to take steps to properly protect...more

Burr & Forman

Ex-Husband's Revenge Leads to HHS Trophy

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Patient care is not confined to a single office or exam room, or a single physician or other provider. Caring for patients these days now includes complex coordination among physicians, nurse, technicians, staff, management,...more

King & Spalding

OIG Issues Favorable Opinion Regarding Post-Discharge Services Arrangement

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The Department of Health & Human Services Office of Inspector General (OIG) recently issued a favorable advisory opinion regarding an electronic health record vendor’s plan to provide services to hospitals to help manage...more

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