Wait, that’s covered? Insurability of Fines and Penalties Flowing From a Cybersecurity Breach
FCPA Compliance and Ethics Report-Episode 31-the FCPA Year in Review, Corporate Enforcement Actions
FCPA Compliance and Ethics Report-Episode 30-Interview with the FCPA Professor-Part 2
Condo complaints not in writing?
Health Data on Leased Photocopier Costs Company $1.2m—What Others Can Learn
New York AG Letitia James settled with US Radiology Specialists, Inc. to resolve allegations that the private radiology group violated New York’s Executive Law and General Business Law by failing to adequately protect...more
Report on Patient Privacy 23, no. 11 (November, 2023) Tim DiBona clearly remembers Christmas Eve 2018 when the staff of his small firm—Doctors’ Management Service (DMS)—arrived at their West Bridgewater, Mass., office to...more
Paying the $1.3 million fine is the easy part. Complying with the CAP is a different undertaking. On Sept. 11, 2023, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced an...more
Report on Research Compliance Volume 20, no 8 (August 2023) With the publication of a rule finalizing financial penalties for grant fraud and related violations of U.S. law, the HHS Office of Inspector General (OIG) has a...more
News Briefs - DEA Seeks to Extend Virtual Prescribing Flexibility as PHE Ends - After receiving thousands of comments asking for an extension of pandemic-era virtual prescribing flexibilities, the Drug Enforcement...more
In September of this year, New York City Councilwoman Julie Menin announced her plan to introduce a series of bills that would create further price transparency requirements for hospitals, with noncompliance resulting in high...more
Oklahoma State University’s Center for Health Services recently paid $875,000 to settle potential HIPAA violations after a cyberattack resulted in the unauthorized access of its patients’ protected health information. A...more
Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector. This week's topics include . . . ...more
The California Department of Managed Health Care (DMHC) on March 4, 2022, assessed the largest penalty against a health plan in the Department’s history. DMHC and the California Department of Health Care Services (DHCS)...more
A defendant who violates the FCA can be liable for treble damages plus a civil penalty of $5,500 to $11,000 (adjusted for inflation) for each false claim. Meanwhile, FCA lawsuits often involve tens of thousands of alleged...more
One of the challenging things about HIPAA (Health Insurance Portability and Accountability Act) enforcement is the fact that both the Office for Civil Rights and State AGs have jurisdiction to assess fines and penalties for...more
Novartis Pharmaceuticals Corporation (Novartis) recently entered into a civil settlement agreement with the Department of Justice (DOJ) to resolve allegations that the company paid health care practitioners (HCPs) who spoke...more
On June 4, 2020, the Kansas Legislature passed the COVID-19 Response and Reopening for Business Liability Protection Act. It now goes to Governor Laura Kelly for signature....more
Aiming to protect public health within a large and diverse geography and an independent-minded culture, Texas responds to the COVID-19 pandemic with an evolving patchwork of state and local social distancing orders. To date,...more
On January 27, 2020, the Department of Justice (DOJ) announced a $145 million settlement with electronic health record (EHR) vendor Practice Fusion to resolve civil and criminal allegations that it violated the Anti-Kickback...more
On January 27, 2020, the Department of Justice (DOJ) announced a $145 million settlement with Practice Fusion Inc., an electronic health records (EHR) software company, that resolves parallel criminal and civil investigations...more
The Office for Civil Rights (OCR) announced that it has fined the Texas Health and Human Services Commission (TXHHS) $1.6 million for HIPAA violations. This is one of the few fines the OCR has levied against a state agency....more
Elite Dental Associates (Elite), located in Dallas, Texas has agreed to settle alleged HIPAA violations with the Office for Civil Rights (OCR) for $10,000....more
The Office for Civil Rights has announced that it has fined Lakeland, Florida based Advanced Care Hospitalists (ACH) $500,000 for an impermissible disclosure of protected health information by one of its business associates. ...more
Another government settlement demonstrates that not having a HIPAA compliance program can be costly. U.S. Department of Health and Human Services (HHS)'s Office for Civil Rights (OCR) announced, on Dec. 4, 2018, that Advanced...more
We often forget that state AG’s have jurisdiction under the HIPAA Omnibus Rule to levy fines and penalties against HIPAA covered entities for violations. This is because the Office for Civil Rights has traditionally taken the...more
In a rare move by the OCR, it assessed a $3.2 million fine against Children’s Medical Center of Dallas (Children’s) after it issued a Notice of Proposed Determination against Children’s and Children’s failed to request a...more
The possibility of business associates potentially being audited, investigated, and ultimately fined is now a reality. On June 24, 2016, the United States Department of Health and Human Services’ Office of Civil Rights...more
On 3 December 2015, the Competition and Markets Authority (“CMA”) wrote an open letter to private medical practitioners in the UK stressing the importance of making independent commercial decisions and warning against...more