News & Analysis as of

HITECH Act False Claims Act (FCA) Health Insurance Portability and Accountability Act (HIPAA)

NAVEX

5 Essential Healthcare Compliance Laws and Regulations

NAVEX on

Healthcare compliance is the process of following the laws, regulations and ethical standards that govern the healthcare industry. It ensures that healthcare organizations protect patient safety, maintain data privacy and...more

Holland & Knight LLP

Healthcare Law Update: February 2021

Holland & Knight LLP on

To date, there has been little consistency in how Health Insurance Portability and Accountability Act (HIPAA) requirements are enforced by the U.S. Department of Health and Human Services (HHS), or the amount of settlements...more

Polsinelli

Appeals Court Confirms that HITECH Violations Do Not Violate FCA

Polsinelli on

In an important recent decision, the Sixth Circuit Court of Appeals confirmed that a qui tam relator's claim that her former husband improperly accessed electronic protected health information (e-PHI) of her and her relatives...more

Saul Ewing LLP

Sixth Circuit Affirms Dismissal of FCA Claim Based on Health Data Breaches

Saul Ewing LLP on

The U.S. Court of Appeals for the Sixth Circuit recently affirmed the dismissal of a False Claims Act (FCA) case premised on protected health data breaches. In United States ex rel. Sheldon v. Kettering Health Network, the...more

King & Spalding

Sixth Circuit Rules That EHR Security Breaches Do Not Violate False Claims Act

King & Spalding on

On March 7, 2016, the Sixth Circuit Court of Appeals ruled that security breaches of individual electronic health records (“EHRs”) do not violate the HITECH Act and cannot support False Claims Act allegations. ...more

McGuireWoods LLP

M&A, Cybersecurity Identified as Top Areas for Healthcare General Counsels

McGuireWoods LLP on

A September 2015 Consero survey of general counsels (GCs) from mid-size to large U.S. hospital and health systems provides some interesting insight into the top issues facing legal departments....more

Jackson Walker

Legal Risks Facing Nursing Home Providers and Reducing Risk with Clinical Documentation

Jackson Walker on

Documentation in Electronic Health Records: - Nursing homes lag behind other providers in electronic health record system adoption - Of 472 nursing homes in New York, there was a 7.7 percent increase in EHR adoption...more

King & Spalding

Insurance Coverage for Healthcare False Claims Act, Stark, and HIPAA/HITECH Government Investigations

King & Spalding on

Federal enforcement of False Claims Act (FCA), Stark anti-kickback, and HIPAA/HITECH claims against healthcare companies continues to rise rapidly. FCA recoveries by the U.S. Department of Justice (DOJ) exceeded $9.5 billion...more

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