Steep Price Tag for Not Entering a Business Associate Agreement

North Memorial Health Care of Minnesota (“North Memorial”) recently agreed to settle charges that it violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules by essentially failing to enter into a … [Continue reading]

HIPAA $239K Fine – Don’t Leave PHI with Husband

An Administrative Law Judge for the U.S. Department of Health and Human Services, recently ruled that Lincare violated the HIPAA Privacy Rule, by failing to implement policies and procedures to safeguard protected health information (PHI) and failing … [Continue reading]

Overpayment Rule Sets 6 Year Lookback

Nearly 6 years after the passage of the Affordable Care Act, CMS published the final 60 day rule for Medicare Parts A and B overpayments. The rule requires a person who has received an overpayment to report and return the overpayment to HHS, the … [Continue reading]

EEOC Announces New Employer Pay Data Reporting Requirements

On Friday, January 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced the agency’s intent to require a new obligation for employers with at least 100 employees to submit data on wages earned and hours worked to the agency in … [Continue reading]

CMS Issues Stark Law Changes

CMS issued last week its final rule modifying the Physician Self-Referral Law aka the Stark Law putting into place most of what it proposed to modify this summer. The majority of the new modifications become effective on January 1, 2016, though CMS … [Continue reading]

Updated Meaningful Use Rules Released

After months of waiting, CMS and ONC finally issued final rules (with comment) pertaining to Stage 3 Meaningful Use, 2015-2018 EHR Incentive Program and 2015 edition of CEHRT certification.  CMS announced that the rules, numbering 750+ pages, are … [Continue reading]

Naughty or Nice – 60 Day Overpayment Reporting Rule

According to a recent New York District Court decision, whether providers are subjected to an enforcement action under the False Claims Act for failing to report and return an overpayment within the sixty-day window should turn on whether they have … [Continue reading]

WHOA ME! TUOMEY!

For the second time in the past three years, Tuomey Healthcare System found its fate in the hands of the 4th Circuit Court of Appeals as a Qui Tam Defendant under the False Claims Act (“FCA”). Only this time it did not fare quite as well in what … [Continue reading]

Proposed “Exempt” Status Risks for Health Care Employers

Health care providers need to be aware of significant anticipated changes to federal laws governing which employees may be treated as exempt from eligibility for overtime. Failing to account for the changes if and when they go into effect will expose … [Continue reading]

Certificate of Need New Rule Invalidated by Supreme Court

The Washington Supreme Court unanimously agreed with the Washington State Hospital Association that the new expanded Certificate of Need rule defining the "sale, purchase or lease" of a hospital exceeded the Department of Health's authority.  WSHA … [Continue reading]