News & Analysis as of

HIPAA Violation Results in $4.8 Million Settlement

While most healthcare providers know to pay close attention to the HIPAA rules when setting up their information technology systems, recent events have demonstrated that this close scrutiny should also be applied to computer...more

HHS Announces $800,000 HIPAA Settlement in Medical Records “Dumping” Case

On June 23, 2014, The Department of Health and Human Services (HHS) entered into an $800,000 settlement with Parkview Health System, Inc. (“Parkview”), a nonprofit community health system servicing northeastern Indiana and...more

$800,000 Medical Records Dumping Settlement: Expensive Reminder that HIPAA Applies to Paper Records, Too

A 2009 incident involving the dumping of 71 boxes of medical records will cost an Indiana-based health system, Parkview Health System, Inc. (“Parkview”), $800,000 for alleged violations of the Health Insurance Portability and...more

Privacy Wednesday

What’s that old saying … “a day late and a dollar short?” Here is our Privacy Monday roundup … on Wednesday. Office for Civil Rights HIPAA Crackdown? The Office for Civil Rights (OCR) — the enforcement arm of...more

Health Law Alert: HIPAA Enforcement on the Rise, as OCR Audit Program Moves Forward

A recent settlement from New York—involving the largest fine levied to date in the history of HIPAA enforcement, a staggering $4.8 million imposed on two public hospitals—should remind health care providers, health plans and...more

“Cha-Ching” – HIPAA Settlement Reaches New Heights and Signals More To Come

In the largest HIPAA enforcement action to date, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) extracted $4.8 million from two leading New York institutions, New York-Presbyterian Hospital...more

News from the Health Law Gurus™ - May 2014

Massachusetts to Start from Scratch with Health Insurance Website — Massachusetts plans to abandon its health insurance exchange website in favor of starting over from scratch, according to a New York Times report....more

Theft Of Unencrypted Laptops Leads To Two HHS Settlements Totaling Nearly $2 Million

On April 22, the U.S. Department of Health and Human Services (HHS) announced settlements with both Concentra Health Services (Concentra) and QCA Health Plan, Inc. (QCA). Through these latest settlements, HHS is reiterating...more

Halifax Pays $85 Million to Resolve Improper Physician Compensation Arrangement Claims Brought by Employee-Whistleblower

Since January 2009, the DOJ has recovered more than $13.4 billion through False Claims Act cases involving fraud against federal health care programs, and last month, Halifax Hospital Medical Center and Halifax Staffing, Inc....more

To Encrypt or Not to Encrypt—A $2 Million Question with a Simple Answer, HHS Says

The Department of Health and Human Services (“HHS”) just announced a pair of settlements arising out of the theft of two laptops containing protected health information (“PHI”). Two entities, Concentra Health Services...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

$1.2 Million Settlement Agreement Announced for HIPAA Charges Involving Leased Photocopiers

The Department of Health and Human Services announced on August 14, 2013, that it entered into a settlement agreement with Affinity Health Plan, Inc. (Affinity) resolving allegations that Affinity violated the Health...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

WellPoint, Inc. Reaches $1.7 Million Dollar HIPAA Settlement Continuing the 2012 Trend of Heavy Fines

On July 11, 2013, the U.S. Department of Health and Human Services (HHS) announced that it had reached a $1.7 million dollar resolution agreement with insurer WellPoint Inc., following a security breach that left the personal...more

HIPAA security violations result in $1.7 million settlement

On July 8, 2013, WellPoint, Inc., a managed care company (“WellPoint”), agreed to pay a $1.7 million fine to settle a self-reported breach of HIPAA, a key federal health privacy law, that led to the unauthorized disclosure of...more

WellPoint agrees to pay $1.7M in HIPAA penalties: what this tells you

The Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has announced that WellPoint, Inc. agreed to pay $1.7 million to settle potential violations of the Health Insurance Portability and...more

WellPoint Pays HHS $1.7 Million to Settle HIPAA Security Violations

Covered Entities Cautioned Regarding Use of Business Associates - On July 8, 2013, health insurer WellPoint, Inc. entered into a Resolution Agreement with the U.S. Department of Health and Human Services, Office for...more

In $1.7M WellPoint Settlement, HHS Warns Covered Entities on Change Management

On July 8, 2013, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) entered into a $1.7 million resolution agreement with WellPoint over a 2009-2010 security breach....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

HHS Reaches $400,000 Settlement Of Alleged HIPAA Security Rule Violations For Disabling Firewall Protections

The U.S. Department of Health and Human Services (HHS) has reported a $400,000 settlement with Idaho State University (ISU) for alleged violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)...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

Prospective and Retrospective Implications of the Jimmo Settlement Agreement for Skilled Care Providers

On January 24, 2013, the U.S District Court for the District of Vermont approved a Settlement Agreement in the so-called Medicare Improvement Standard case, Jimmo v. Sebelius. In addition to its impact on Medicare...more

Major New Jersey Health System Pays $12.6 Million To Settle False Claims Act Suit Alleging Physician Kickback Scheme

Federal prosecutors recently announced a $12.6 million False Claims Act (FCA) settlement with a major New Jersey health system to resolve allegations that the system paid outside physicians in order to increase referrals....more

U.S. Department of Health and Human Services Announces First HIPAA Breach Settlement Involving Fewer than 500 Patients

On January 2, 2013, the U.S. Department of Health and Human Services ("HHS") settled its first case involving the unauthorized disclosure of the electronic protected health information ("ePHI") of fewer than 500 individuals....more

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