News & Analysis as of

Department of Health and Human Services (HHS) Enforcement Authority

BakerHostetler

The Future for Healthcare Is So Loper Bright, I Gotta Wear Shades

BakerHostetler on

On June 28, in Loper Bright Enterprises v. Raimondo (Loper Bright), the U.S. Supreme Court overturned the doctrine of Chevron deference, upending 40 years of precedent and significantly shifting power to the courts to...more

Goodwin

Federal Judge Vacates Health and Human Services Pixel Tracking Guidance

Goodwin on

On June 20, 2024, a Texas federal judge ruled that guidance published by the Department of Health and Human Services (the Department) prohibiting covered entities from disclosing information collected by third-party...more

Venable LLP

Federal Efforts to Incentivize States to Promulgate False Claims Statutes

Venable LLP on

The federal False Claims Act (FCA) is widely regarded as a powerful tool to punish fraud against the federal government. Since 1986, the federal government has recovered more than $75 billion from FCA settlements and...more

WilmerHale

FTC Emerges as Leader in Health Privacy Enforcement

WilmerHale on

Over the past year, the Federal Trade Commission (FTC) has emerged as a leading actor in the health privacy enforcement space, spearheading enforcement actions, policy statements, and regulatory changes all aimed at...more

Benesch

Warning from FTC Regarding Scope of Health Breach Notification Rule

Benesch on

As the collection and use of health data drastically expands, the agency issued a recent guidance to officially put health apps and connected medical devices “on notice.” On September 15, the Federal Trade Commission...more

Epstein Becker & Green

Podcast: What's New for Insurers in Mental Health Parity Compliance - Diagnosing Health Care

Epstein Becker & Green on

The Departments of Labor, Health and Human Services, and the Treasury jointly released a set of frequently asked questions (“FAQs”) related to recent changes made to the Mental Health Parity and Addiction Equity Act effective...more

Health Care Compliance Association (HCCA)

Stephen Shaver on CARES Act Relief Funds and Healthcare Organizations

While the CARES Act provided much needed funding, it wasn’t a handout for healthcare providers. There are strings attached, explains Stephen Shaver, an attorney with Wachler & Associates and author of the Chapter “Revenue...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 30, Number 7. News Briefs: February 2021 #2

Report on Medicare Compliance 30, no. 7 (February 22, 2021) - A Michigan woman is the first in the nation to be charged criminally with misappropriating money from the Provider Relief Fund (PRF), the Department of Justice...more

Miller Canfield

U.S. Government Extends Certain Deadlines For Employee Benefit Plans Due To COVID-19 National Emergency

Miller Canfield on

Recognizing the challenges facing employee benefit plan sponsors, administrators, and participants, on April 28, 2020, the Departments of Treasury (“DOT”), Labor (“DOL”) and Health and Human Services (“HHS”) extended certain...more

Hogan Lovells

HHS-OIG launches portal for COVID-19 related questions about its enforcement authorities

Hogan Lovells on

The Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG) announced the launch of a portal that will post announcements and information issued by OIG that are related to COVID-19. ...more

Jackson Walker

HIPAA Enforcement Authorities Allow Skype, Facetime for Provider-Patient Telehealth Services

Jackson Walker on

On March 17, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS), the enforcement agency for the Health Insurance Portability and Accountability Act of 1996 (HIPAA), published a Notice...more

Akin Gump Strauss Hauer & Feld LLP

DOJ Limits Use of Guidance Documents in Affirmative Civil Enforcement Actions

On January 25, 2018, the Associate Attorney General directed the Department of Justice (DOJ) not to rely on agency guidance documents to establish a violation in affirmative civil enforcement (“ACE”) cases. She issued the...more

Foley & Lardner LLP

Injunction Enjoining Enforcement of HHS Attestation Rule Affirmed

Foley & Lardner LLP on

The Court of Appeals for the District of Columbia affirmed the District Court’s decision in Central United Life v. Burwell on July 1, 2016. This decision is very significant for those assessing the future strength of, and...more

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