News & Analysis as of

Health Care Providers Enforcement Guidance

Manatt, Phelps & Phillips, LLP

[Webinar] 2023 Health Care Enforcement Trends: Spotlight on Consumer Protection, Antitrust and Fraud - December 13th, 1:00 pm -...

In a recent speech, a senior official at the U.S. Department of Justice Antitrust Division noted that “in U.S. antitrust enforcement and competition policy, there is no more important question than what can we do to safeguard...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

Goodwin on

Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more

Burr & Forman

Hot Topics in Health Care May 2023

Burr & Forman on

Proposed Protections for Patient Data Related to Reproductive Care - On April 12, 2023, the Office for Civil Rights (OCR) at the U.S. Department of Health & Human Services (HHS) proposed a new rule to strengthen HIPAA...more

Burr & Forman

New Department of Justice Policy on Corporate Criminal Enforcement – What it Means for Health Care Providers

Burr & Forman on

On September 15, 2022, Deputy Attorney General Lisa Monaco announced significant updates to the Department of Justice (the Department) corporate criminal enforcement policies, with an emphasis on individual accountability,...more

Jones Day

DOJ Rescinds Limits on the Use of Agencies' Guidance Documents in Civil Enforcement Actions

Jones Day on

A recent action by the Department of Justice ("DOJ") rescinds two prior policies (commonly referred to as the Brand Memo and the Sessions Memo) that had established limits on the federal government's use of agency guidance...more

Robinson+Cole Health Law Diagnosis

OCR Announces it Will Not Impose HIPAA Penalties for Use of COVID-19 Vaccine Scheduling Apps

The Office of Civil Rights (OCR) issued a notice this week stating that it will not impose penalties for HIPAA non-compliance in connection with a covered entity health care provider’s or business associate’s good faith use...more

Bricker Graydon LLP

Anticipating COVID-19 enforcement action: Risks for providers

Bricker Graydon LLP on

Federal and local governments have issued numerous waivers and provided significant funding in order to enable health care providers to combat the COVID-19 pandemic. These waivers and additional funding have given providers...more

McDermott Will & Emery

[Webinar] New Steps for Compliance: A Closer Look at DOJ’s Revised Corporate Compliance Guide - June 11th, 12:00 pm - 1:00 pm EST

On June 1, 2020, the Criminal Division of the Department of Justice (DOJ) issued updates to its “Evaluation of Corporate Compliance Program” guidance. This update reflects the agency’s evolving views on compliance program...more

Seyfarth Shaw LLP

HHS OIG to Accept Inquiries Concerning the AKS and Other Administrative Enforcement Authorities Directly Connected to COVID-19

Seyfarth Shaw LLP on

To enhance regulatory flexibility necessary to adequately respond to the COVID-19 pandemic, the US Department of Health and Human Services (HHS) Office of the Inspector General (OIG) recently announced that it is accepting...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Issues New Enforcement Guidance to Address the N95 Shortage During the Coronavirus Pandemic

Following up on its recent temporary enforcement guidance permitting suspension of N95 annual fit-testing for healthcare employers, on April 3, 2020, the Occupational Safety and Health Administration (OSHA) issued an interim...more

Mitchell, Williams, Selig, Gates & Woodyard,...

OSHA Temporary Enforcement Guidance/COVID-19: Respirator Fit-Testing in Healthcare

The Occupational Safety and Health Administration (“OSHA”) issued temporary guidance regarding the enforcement of its Respiratory Protection standard during the COVID-19 outbreak. The stated purpose of the guidance is to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Allows Healthcare Employers to Suspend N95 Annual Fit-Testing During Coronavirus “Outbreak”

On March 14, 2020, the Occupational Safety and Health Administration (OSHA) issued temporary enforcement guidance addressing the fit-testing requirements in the agency’s respiratory protection standard (29 C.F.R. § 1910.134)....more

Polsinelli

FCA Targets Areas For 2020 and Increased Use Of The Voluntary Disclosures

Polsinelli on

Jody Hunt, Assistant Attorney General for DOJ’s Civil Division, and Michael Granston, Deputy Assistant Attorney General, Commercial Litigation Branch, spoke recently about False Claims Act (“FCA”) enforcement at the Federal...more

McDermott Will & Emery

Healthcare Enforcement Quarterly Roundup - Q4 2019

In this installment of the Healthcare Enforcement Quarterly Roundup we cover several topics that have persisted over the past few years and identify new issues that will shape the scope of enforcement efforts in 2020. In this...more

Perkins Coie

DOJ Offers Big Incentive to Healthcare Industry to Self-Disclose Criminal Conduct

Perkins Coie on

The U.S. Department of Justice (DOJ) announced a “road map” for the healthcare industry last month to guide voluntary self-disclosures and cooperation with government investigations. Speaking at the annual American Health...more

Epstein Becker & Green

Antitrust Concerns for Large ACOs Operating in Commercial Markets

Epstein Becker & Green on

According to the “Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program” (“Policy Statement”), issued by the Federal Trade Commission and the...more

Foley & Lardner LLP

DOJ Memoranda Ushering in New Era for Health Care Enforcement

Foley & Lardner LLP on

In January 2018, the Department of Justice (DOJ) issued two memoranda that, taken together, may usher in a new era of False Claims Act (FCA) enforcement in the health care industry. The first memorandum, dated January 10,...more

McDermott Will & Emery

Guidance on Guidance: DOJ Limits Use of Agency Guidance Documents in Civil Enforcement Cases

McDermott Will & Emery on

In a two-page memorandum, the US Department of Justice (DOJ) announced a broad policy statement prohibiting the use of agency guidance documents as the basis for proving legal violations in civil enforcement actions,...more

King & Spalding

Employers to Focus on Conducting TB Risk Assessments Following New OSHA Directive

King & Spalding on

On July 13, 2015, the Occupational Safety and Health Administration (OSHA) issued an enforcement directive, Enforcement Procedures and Scheduling for Occupational Exposure to Tuberculosis (CPL 02-02-078) (2015 Directive),...more

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