MedTrainer

JUNE 29, 2023

Health Information Technology for Economic and Clinical Health Act (HITECH) HITECH is an essential component of the American Recovery and Reinvestment Act of 2009. It complements HIPAA by expanding its privacy and security provisions concerning electronic health records (EHRs) and health information technology (HIT).

Fraud 52

Fraud HIPAA Compliance Governance 52

AIHC

APRIL 10, 2024

Since 2009, HITECH has given “teeth” to HIPAA law. This act was signed into law by President Obama back in 2009. Does your organization have materials for patient education and risks of identity theft and medical fraud? This information is not all-inclusive and is not intended as consulting or legal advice.

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Compliance US Department of Health and Human Services HIPAA Electronic Medical Records 99

Hall Render

FEBRUARY 27, 2023

This has been a growing trend in health care enforcement, and health care fraud remained the leading source of all FCA cases in 2022. Health Care Fraud Actions Medicaid. million to resolve allegations that it paid kickbacks to physicians who attended its programs in connection with its multiple sclerosis drugs between 2009 and 2014.

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Nursing Homes Fraud Medicaid Medicaid 40

The Health Law Firm

AUGUST 19, 2013

The nonprofit organization is accused of fraudulently billing Medicaid and other government programs for health services provided by some of its Texas clinics between 2003 and 2009, according to the DOJ. The settlement resolves a whistleblower (qui tam) lawsuit filed by a former employee. Click here to read the press release from the DOJ.

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Medicaid Medicaid Fraud Governance 40

The Health Law Firm

MARCH 12, 2013

A Central Florida chiropractor was convicted of conspiracy to commit health care fraud by a federal jury on March 1, 2013. Since 2009, the chiropractor fraudulently claimed to own a rehabilitation center in Cape Coral, Florida. To read the press release from the DOJ on the charges, click here.

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Fraud 40

The Health Law Firm

MARCH 5, 2014

The Health Law Firm In 2009 the Florida Legislature passed a bill imposing severe restrictions on the professional boards regulating health care practitioners in Florida. These draconian measures were implemented in a supposed crackdown on healthcare fraud. By Lance O. Leider, J.D.,

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The Health Law Firm

MARCH 7, 2013

AdvanceMed Corporation, an NCI company, was named the Zone 5 Program Integrity Contractor (ZPIC) for the Medicare and Medicaid programs, in December 16, 2009. As the ZPIC for Zone 5, AdvanceMed has been performing benefit integrity activities aimed to reduce fraud, waste and abuse in Medicare and Medicaid data matching programs.

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HIT Consultant

FEBRUARY 9, 2023

PCI DSS – The Payment Card Industry Data Security Standard (PCI DSS) is a set of security requirements that helps organizations protect their payment systems from data breaches, fraud, and theft of cardholder data.

Regulatory Compliance 52

Regulatory Compliance Due Diligence Compliance Compliance Framework 52

AIHC

APRIL 10, 2024

Since 2009, HITECH has given “teeth” to HIPAA law. This act was signed into law by President Obama back in 2009. Does your organization have materials for patient education and risks of identity theft and medical fraud? This information is not all-inclusive and is not intended as consulting or legal advice.

Compliance 52

Compliance US Department of Health and Human Services HIPAA Electronic Medical Records 52

HIPAA Journal

OCTOBER 21, 2022

For example, the Administrative Requirements (Part 162) helped reduce insurance fraud and accelerated eligibility inquiries, authorization requests, and claims processing. Only one penalty was issued in each of 2008 and 2009, 2 in 2010, 3 in 2011, and 6 in 2012.

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HIPAA Compliance Medicare Medicare 100

The Health Law Firm

SEPTEMBER 10, 2012

Federal court records from August 13, 2012, show that a former Florida Hospital employee faces fraud-conspiracy charges after he illegally accessed patient records in a solicitation scheme, according to the Orlando Sentinel.

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Hospitals Fraud 40

HIPAA Journal

DECEMBER 31, 2022

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) was introduced to simplify the administration of healthcare, eliminate wastage, prevent healthcare fraud, and ensure employees could maintain healthcare coverage between jobs. What is HIPAA and Who Does It Apply To? What is considered a HIPAA violation?

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HIPAA Due Diligence Compliance Fraud 133

Health Blawg

JANUARY 16, 2019

Then, in 2009, as part of the Recovery Act, Congress passed the HITECH Act, one title of which is a statute that amended the HIPAA regulations — regulations that were drafted in the absence of a specific statute. And that’s what happened: Congress did not act, and HHS went to town on its own. The regs were finalized in 2003.)

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HIPAA Fraud Governance Payment Systems 60

Health Blawg

JANUARY 16, 2019

Then, in 2009, as part of the Recovery Act, Congress passed the HITECH Act, one title of which is a statute that amended the HIPAA regulations — regulations that were drafted in the absence of a specific statute. And that’s what happened: Congress did not act, and HHS went to town on its own. The regs were finalized in 2003.)

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HIPAA Fraud Governance Payment Systems 60

Total HIPAA

SEPTEMBER 11, 2019

HITECH Act (2009). The HITECH Act of 2009 expanded the definition of HIPAA compliance and solidified the fines and penalties for parties who violate the law. The Omnibus Ruling of 2013 both finalized ideas proposed by the 2009 HITECH Act and added new provisions. The Omnibus Ruling (2013).

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HIPAA Compliance US Department of Health and Human Services Health Insurance 52

Healthcare IT Today

NOVEMBER 11, 2022

Several respondents say that government regulations from the Meaningful Use era, starting in 2009, make it hard to comply without loading each note down with duplicate information. I heard one anecdote suggesting that pulling forward could lead to fraud. Follow the money.

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Doctors Nurses Electronic Medical Records Fraud 95

Hall Render

NOVEMBER 11, 2022

US flu hospitalization rate highest its been since 2009 swine flu pandemic, experts say. Oklahoma Doctor Sentenced to Serve More Than Four Years in Federal Prison for Illegal Drug Distribution and Health Care Fraud. Pennsylvania pain management physician pleads guilty to healthcare fraud. Walgreens’ VillageMD completes $8.9B

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US Department of Health and Human Services Nursing Homes COVID-19 Nurses 40

Hall Render

MARCH 29, 2024

million to resolve visa fraud investigation P&G, Cincinnati Children’s among the nation’s most innovative companies, according to Fortune St. million to resolve visa fraud investigation P&G, Cincinnati Children’s among the nation’s most innovative companies, according to Fortune St.

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Nursing Homes US Department of Health and Human Services Nurses Hospitals 40

Healthcare IT Today

FEBRUARY 28, 2023

(President Biden, in his State of the Union speech, warned “we remain vigilant” while calling for an end to the emergency, but quickly switched the subject from the urgency of public health to prosecuting fraud.)

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Public Health COVID-19 FDA Governance 100

Drug & Device Law

DECEMBER 4, 2023

662, 679 (2009). Basically, CPAP II purported to do precisely what Buckman itself prohibited: using express preemption to limit the “ordinary working” of implied preemption of fraud on the FDA claims. We saw more of the same with the discussion of consumer fraud claims in CPAP II. 2009), rev’d in part on other grounds, 393 F.

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Drug & Device Law

MAY 17, 2023

In 2009, a federal jury found beyond a reasonable doubt that the CEO acted with intent to defraud when he directed his company to issue a “false and misleading press release [in 2002] about the results of one of the Company’s clinical trials.” But the drug company was not looking to bite a dog; it was looking to bite its former CEO.

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Fraud 59

Drug & Device Law

JULY 24, 2023

What’s worse, the fraud on the FDA claim, if brought under state law, would be preempted by Buckman Co. at *6 (plaintiff “has documents and formularies reaching back to only 2009”). The federal rules don’t treat fraud that way. 9(b), precisely because attempts at fraud affect everyone differently. 341 (2001).

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Fraud FDA Doctors 52

Drug & Device Law

APRIL 21, 2022

662 (2009), which together stand for the proposition that to state a claim and avoid dismissal a plaintiff must allege facts that plausibly suggest that the defendant is liable. The plaintiff asserted all the usual claims and then one: manufacturing defect; failure to warn; breach of warranty; and fraud. Twombly , 550 U.S.

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FDA Fraud 59

Drug & Device Law

FEBRUARY 16, 2023

Back in the antediluvian era of the Bone Screw Litigation some 25 years ago, Bexis was responsible for crafting (and sometimes outright inventing, see fraud on the FDA) defenses for that then-unusual medical device-related mass tort. One of the first post-MDL-remand Bone Screw cases involved a Louisiana statute, La. 3d 760 (Tex.

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FDA Fraud Doctors 59

Drug & Device Law

MARCH 31, 2023

Supporting scientific articles as First Amendment-supported speech, here in 2009. Scientific literature about the risks and benefits of prescription medical products does not – at least in the absence of academic fraud such as the actual falsification of data (see, here ) – subject the speaker to tort liability. March 24, 2023).

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Medical Personnel COVID-19 Fraud Doctors 59

Drug & Device Law

MAY 4, 2023

The intersection between these statutes, or the more complete “FDA defense” provisions in Michigan and Texas, and Buckman ’s prohibition on fraud-on-the-FDA claims has been the subject of variable treatment from courts. Drawing on the Sixth Circuit’s decision in In re Aredia & Zometa Prods. App’x 994, 995 (6th Cir.

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FDA Fraud Compliance 64

Drug & Device Law

NOVEMBER 7, 2022

Back in 2009, the defendant’s “production stalled due to various problems at its manufacturing facility.” The defendant moved to dismiss the Wilkins class action for four reasons: The claims being time-barred; lack of standing (again); failure to plead fraud with particularity; and failure to state a claim. 2022 WL 4237528, at *2.

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FDA Fraud Doctors 72

Drug & Device Law

FEBRUARY 15, 2024

2022) (recognizing the following product defect liability theories: “(1) negligent design of the product; (2) negligent manufacture of the product; (3) negligent failure to warn about some aspect of the product; (4) breach of express or implied warranty; or (5) misrepresentation or fraud”). 2009) (citations omitted). Saigh , 769 N.W.2d

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FDA Compliance Fraud Hospitals 52

Drug & Device Law

DECEMBER 30, 2022

Second, with a 2009 implant and 2016 explant, the (post-suit) 2019 release by FDA of reports on the device that had been submitted previously meant that “any underreporting by Mentor of adverse health consequences associated with gel bleed could not have affected her healthcare decisions as to the implants” Id.

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FDA Fraud 59

Drug & Device Law

FEBRUARY 24, 2022

One tack they take is to argue that Buckman is limited to its facts and thus applies only to state-law fraud-on-the-FDA claims. . § 337(a), which proclaims that all actions to enforce the FDCA “shall be by and in the name of the United States.”. Plaintiffs constantly try to evade Buckman. Medtronic, Inc. , 3d 1026, 1034 n.22 Cordis Corp. ,

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FDA Governance Fraud 72

Drug & Device Law

MARCH 7, 2022

662 (2009)) pleading standard simply doesn’t apply to punitive damages: [O]n a Rule 12(b)(6) motion, the “plausibility” pleading regime addresses the types of facts a plaintiff must allege to make out a cause of action, not the types of damages the alleged cause of action may eventually warrant. . . . 662 (2009). Twombly , 550 U.S.

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Drug & Device Law

JANUARY 30, 2023

555 (2009), and rated only a “ cf. 470 (1996), was decided – removing express preemption as a defense for manufacturers of §510(k) products So defendants moved on fraud on the FDA under an implied preemption theory and won. 2019), or Mutual Pharmaceutical Co. Bartlett , 570 U.S. Levine , 555 U.S. citation in PLIVA, Inc. Lohr , 518 U.S.

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FDA Fraud Governance Medicare 72