News & Analysis as of

First HIPAA Settlement with County Government

On March 6, 2014, the Department of Health and Human Services’ Office for Civil Rights settled potential HIPAA violations with the Skagit County Public Health Department in Washington State for $215,000. Initially, OCR’s...more

Coloplast: $16 Million to Settle 400 Transvaginal Mesh Lawsuits

While it is not official, Bloomberg is reporting that Coloplast A/S, one of the smaller manufacturers of transvaginal meshes, is said to be willing to settle a number of lawsuits for $16 million....more

Halifax Health And Government Settle False Claims Act Claims For $85 Million, But Case Is Not Over

On March 10, 2014, Halifax Hospital Medical Center and Halifax Staffing, Inc. (collectively, "Halifax") entered into a settlement agreement and a corporate integrity agreement ("CIA") to resolve claims brought under the False...more

Florida Hospital to Settle Stark Law Case for $85 Million: Tentative settlement between Halifax Hospital Medical Center and United...

The Department of Justice and Florida’s Halifax Hospital Medical Center have reached a tentative $85 million settlement in a case alleging violations of the federal physician self-referral law (commonly known as the “Stark...more

HHS Announces First HIPAA Settlement Based on Lack of Breach Notification Policies and Procedures

The Department of Health and Human Services (HHS) recently announced the first settlement under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) based on violations of the law's privacy, security,...more

NPDB Guidebook revision would clarify investigation reporting issues

Physicians always have been justifiably concerned about reports to the National Practitioner Data Bank (NPDB) regarding malpractice payments and adverse peer review actions. Two areas of frequent uncertainty have...more

Compliance 101: Recent Settlements Should Compel Provider Review Of ADA Auxiliary Aid Compliance

A string of enforcement actions and public settlements in recent months have given health care providers across the country fair warning — Americans with Disabilities Act (ADA) enforcement is on its way. Since the July 2012...more

Failure To Comply With Physician Supervision Requirements Can Be Costly

The Department of Justice recently announced two large settlement agreements with provider organizations and individual physicians based on failure to provide proper physician supervision for diagnostic imaging and radiation...more

Settlement Emphasizes the Need for HIPAA Risk Management

A HIPAA violation involving a health plan’s failure to erase protected health information from photocopier hard drives has resulted in a $1.2 million settlement. Your risk can be significantly reduced if you adopt and...more

EEOC And Cooper University Health Care Reach Accord on Reasonable Accommodation Issues

CAMDEN, N.J. - The U.S. Equal Employment Commission (EEOC) announced today that Cooper University Health Care has implemented policy changes that strengthen its processes for addressing reasonable accommodations for...more

Health plan pays for failing to erase data on leased equipment: two takeaways for companies handling electronic PHI

The Office for Civil Rights (OCR) has announced a settlement between the US Department of Health and Human Services and Affinity Health Plan, Inc. to address potential violations of the Health Insurance Portability and...more

Florida Medicaid Liens After Wos

The 2013 Florida legislature wasted no time responding to the March 20 Supreme Court opinion in Wos v. E.M.A., 568 U.S. __ (2013)....more

OCR Settles with Shasta Regional Medical Center for $275,000

The HHS Office of Civil Rights (OCR) recently announced a $275,000 settlement with Shasta Regional Medical Center (SRMC) on the heels of an investigation triggered by a Los Angeles Times article indicating that senior...more

Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk  [Video]

May 22 (Bloomberg) -- AMF Bowling Worldwide Inc. and Ahern Rentals Inc. are prime examples of the frothy market where junk-bond investors are fearless in the face of risk, as Bloomberg Law's Lee Pacchia and Bloomberg News...more

ERISA Litigation Alert: Check Your Plan Subrogation and Reimbursement Language to Eliminate “Contractual Gaps”

In U.S. Airways v. McCutchen, the U.S. Supreme Court upheld the ability of U.S. Airways’ health plan to recover medical expenses that it previously paid to the injured party from a third party settlement, but remanded the...more

Managing Peer Review Investigations: How to Avoid Hearings and Litigation

In this presentation: - Provide recommendations regarding best practices, bylaw provisions and other strategies to address and resolve quality and peer review issues without resorting to “investigations” and...more

$25.5 Million Settlement Agreement Reached Between Intermountain Health Care, Inc. and the United States Based on Self Disclosure...

On April 3, 2013, the Department of Justice (DOJ) and Intermountain Health Care, Inc. (Intermountain) entered into a settlement agreement resolving Intermountain’s potential liability under the Stark Law and False Claims Act....more

The ERISA Litigation Newsletter - March 2013

In this Issue: - Editor's Overview - Risk of Addiction Relapse May Entitle Plan Participants to Disability Benefits - Rulings, Filings, and Settlements of Interest ...more

Health Law Update — January 10, 2013

In This Issue: - Healthcare Provisions in the American Taxpayer Relief Act - the Good, the Bad and the Ugly - American Taxpayer Relief Act Amends Overpayment Recovery Time Limits - OIG Advisory Opinion Sheds...more

Ethics Opinions Underscore Problems That Medicare Liens Create when Negotiating Settlements

In serious personal injury cases, a common issue arises in settlement talks that affect the course of negotiations – Liens; Specifically, health insurer liens and liens asserted by Medicare. The problem is simple: a plaintiff...more

Supreme Court Will Not Review Sixth Circuit Ruling That Government May Seek Full Reimbursement of Medicare Payments to Beneficiary...

On October 1, 2012, the United States Supreme Court said it would not review a decision by the U.S. Court of Appeals for the Sixth Circuit which ruled 2-1 that, upon settlement by a Medicare beneficiary with a third-party...more

Changes Coming for Medicare Set-Aside Arrangements

The law governing Medicare Set-Aside Arrangements (“MSAs”) in personal injury liability lawsuits may soon be changing. In personal injury liability cases, MSAs are funds from a judgment or settlement allocated to cover the...more

First State HIPAA Enforcement Action against a Business Associate Returns $2.5 Million Payout

In February, we alerted you to the first HIPAA enforcement action taken against a business associate. The action was pursued by the Minnesota Attorney General against Accretive Health, a service provider that was involved in...more

Health Law Alert: Medicaid Pays $1,700,000 to Settle HIPAA Security Violations

In its first enforcement action against a state agency, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) settled last month with Alaska’s Department of Health and Social Services (DHSS) for...more

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