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Health Care Providers Third-Party

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

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It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

McDermott Will & Emery

FDA Gives Companies a New Way to Fight Misinformation

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Misinformation shared by independent third parties presents a significant public health concern because it can lead patients and healthcare providers to forgo treatments that are safe and effective or choose treatments that...more

BakerHostetler

FTC Continues Focus on Disclosure of Health Information to Third-Party Technologies

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A recently announced settlement with online alcohol addiction treatment service Monument Inc. demonstrates the Federal Trade Commission’s (FTC) continued focus on the use and disclosure of health data. The proposed settlement...more

Nelson Hardiman, LLP

Cracking the Whip: The FTC’s Clampdown on Healthcare Marketing

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The American reverence for entrepreneurial spirit and free enterprise is reflected in the profound influence of capitalism on our healthcare system. In contrast to many other advanced industrialized countries with state-run...more

Sheppard Mullin Richter & Hampton LLP

CMS Issues CY2025 Medicare Advantage and Part D Final Rule

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued the contract year 2025 (CY2025) Medicare Advantage and Part D final rule (the “Final Rule”). In addition to finalizing its CY2025 proposed rule,...more

Husch Blackwell LLP

Medical Financing Disclosure Bill Introduced in Illinois

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On October 18, a bill was introduced in the Illinois legislature that, if enacted, would require medical providers to provide certain disclosures to patients when referring them to third-party medical financing plans. If...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - December 11th - 14th, Orlando, FL

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Jackson Lewis P.C.

ChatGPT and HIPAA, Caution is Needed, Even ChatGPT Says So!

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Recently, things may have sped up a little in your doctor’s office. The notes for your recent visit may have been organized and filed a little more quickly. You might have received assistance sooner than expected with a...more

Mintz - Privacy & Cybersecurity Viewpoints

OCR and FTC Issue Joint Statement Warning Health Care Providers and App Developers About Use of Third Party Online Tracking...

Covered entities, business associates, and any entities that collect health information about consumers online should carefully review the latest joint letter from the Office for Civil Rights (OCR) and the Federal Trade...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - August 21st - 24th, Washington, DC

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Brooks Pierce

HIPAA Requirements for Using Online Tracking Technologies—What Health Care Providers Need to Know

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Health care providers should evaluate their use of “tracking technologies” on their websites and mobile applications (apps) for compliance with HIPAA.  On December 1, 2022, the Office for Civil Rights (OCR) issued a bulletin...more

Dorsey & Whitney LLP

Tracking Online User Activity: HIPAA and Other Legal Risks

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The use of tracking technologies on websites and mobile applications (e.g., cookies) has become largely ubiquitous in our technology-driven world. Health care providers and organizations, for example, may use tracking...more

Dunlap Bennett & Ludwig PLLC

Supply Chain Vulnerability in the Healthcare Industry

The healthcare industry possesses invaluable data in the forms of patient health information, personal identifying information, and payment card information. The industry is a treasure trove of information to be exploited by...more

McDermott Will & Emery

The Tale of Two CE Programs: OIG Compares Healthcare Provider and Third-Party Continuing Education in Recent Advisory Opinion

The Office of Inspector General of the US Department of Health and Human Services (OIG) issued Advisory Opinion 22-14 (AO 22-14) on June 29, 2022, concerning continuing education (CE) programs to be offered by an...more

Rivkin Radler LLP

OCR Announces Four HIPAA Enforcement Actions

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On March 28, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced four new enforcement actions against healthcare providers for HIPAA violations....more

Tarter Krinsky & Drogin LLP

The Anti-Kickback Statute and its Implications on Medical Practices

The Anti-Kickback Statute (AKS) protects healthcare beneficiaries from the influence of money in their medical decision-making. Overall, the AKS criminalizes renumeration “intended to induce patient referrals or influence the...more

Jackson Lewis P.C.

Cal OSHA Offers Additional Guidance For Its COVID-19 Emergency Temporary Standards: Testing Sites And Scope Of Coverage

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It has been three months since California approved the Division of Occupational Safety and Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). The rushed implementation of Cal OSHA’s ETS, which imposed new...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 21 - August 2020

This 21st edition of Unprecedented, our weekly update on COVID-19-related litigation, pairs defense victories with new claims. Lenders obtained the dismissal of a lawsuit claiming agent fees under the PPP program, and...more

Downs Rachlin Martin PLLC

Recovery of Medical Bills: “Face Amount” VS “Amount Paid" - Medical malpractice plaintiff may not recover more than the defendant...

For years a battle has been raging in the United States over whether a personal injury plaintiff can recover from the tortfeasor, by way of medical specials, (1) the “face amount” of her medical bills for accident-related...more

Rumberger | Kirk

4th DCA Affirms Mental Healthcare Providers Owe No Legal Duty to Warn Unidentifiable Potential Victims

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The Fourth District Court of Appeal issued its opinion in Pollack v. Cruz on May 27, 2020. In joining its sister district courts of appeal, the Court reaffirmed that, in Florida, mental healthcare providers owe no legal duty...more

Katten Muchin Rosenman LLP

Industry Regulators Implement Big Changes to Support Telehealth During COVID-19

Key Points - This Katten advisory synthesizes several recent major developments impacting the delivery of telehealth services by health care providers in light of the COVID-19 crisis. We cover - - Key steps taken by the...more

Littler

Littler Global Guide - United Kingdom - Q4 2019

Littler on

Leaked Legal Advice Protected Under Privilege, Court of Appeal Holds - Precedential Decision by Judiciary or Regulatory Agency - On October 22, 2019, the UK Court of Appeal held that a leaked email, in which in-house...more

Seyfarth Shaw LLP

ERISA Preemption — The Courts of Appeal Continue to Rule As They Await Further Supreme Court Attempts To Define, Once and for All,...

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Synopsis: Two Courts of Appeal reach opposite results on ERISA preemption, thus continuing the judicial quest for a definitive meaning of ERISA preemption. Stay tuned for more such decisions, and yet more Supreme Court...more

Troutman Pepper

Lessons From the DOJ: How Recent Guidance and Cases Can Help You Avoid Government Interference With Your Business

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The initiation of a government investigation is often a stressful and anxiety-producing event for a health care company. The Department of Justice (DOJ) is known for its aggressive investigation and prosecution of health care...more

Foley & Lardner LLP

$22 Billion Administrative Overreach

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A mind-boggling example of administrative overreach, i.e. HHS’s issuance of overreaching regulations (in 2013) and sub-regulatory Guidance (in 2016), which impose a $22 billion lifetime regulatory cost ($1.52 billion per year...more

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