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. A common misconception about HIPAA is that all healthcare data is subject to its protection. Health Care Data Collected by Personal Health Records.

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HIPAA Compliance Medicare Medicare 95

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? Learn more about HIPAA HITECH For more information on our HIPAA Privacy and Security Course CLICK HERE!

Compliance 52

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

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. When the news broke about a privacy breach at Florida Hospital back in October of 2011, we wrote about this incident.

Hospitals 40

Hospitals Fraud 40

HIPAA Journal

DECEMBER 31, 2022

The evidence that there may be a misunderstanding about what a HIPAA violation is comes from the Department of Health and Human Services (HHS) Enforcement Highlights web page. The web page is regularly updated with statistics relating to complaints about HIPAA violations, compliance reviews, and enforcement action.

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HIPAA Due Diligence Compliance Fraud 132

Health Blawg

JANUARY 16, 2019

Remember, this is the federal government, so getting almost halfway through the throat-clearing phase of fleshing out an idea in about six months or so really is a sprint.) A great deal of the perceived need for change in the HIPAA regulations stems from misconceptions about what the rules require. Hey, coordinated care is a good idea.

HIPAA 60

HIPAA Fraud Governance Payment Systems 60

Health Blawg

JANUARY 16, 2019

Remember, this is the federal government, so getting almost halfway through the throat-clearing phase of fleshing out an idea in about six months or so really is a sprint.) A great deal of the perceived need for change in the HIPAA regulations stems from misconceptions about what the rules require. Hey, coordinated care is a good idea.

HIPAA 60

HIPAA Fraud Governance Payment Systems 60

Total HIPAA

SEPTEMBER 11, 2019

If you’re just learning about HIPAA compliance, or beginning the process of becoming HIPAA compliant, this article will guide you through the initial steps you must take to adhere to the law. The most important thing to remember about HIPAA compliance is that it is an ongoing process. HITECH Act (2009). What is HIPAA Compliance?

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

Healthcare IT Today

NOVEMBER 11, 2022

I think that some are constrained by strict rules at their institutions that prohibit them from talking to any outsider about their behavior. But the most recent note might not address some condition or some detail about a previous patient encounter. Doctors must follow strict rules about what documents to fill out, and when.

Doctors 94

Doctors Nurses Electronic Medical Records Fraud 94

Hall Render

APRIL 26, 2024

health dept. processed 1.5 million Medicaid enrollees in 12 months; one month left in ‘unwinding’ University of Maryland Medical Center physicians unionize, a first in the state Emergency room wait times are worse than bad. health dept. processed 1.5

Nursing Homes 40

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

Hall Render

NOVEMBER 11, 2022

US flu hospitalization rate highest its been since 2009 swine flu pandemic, experts say. Metro hospitals concerned about winter ‘triple threat’ of pediatric illnesses. Oklahoma Doctor Sentenced to Serve More Than Four Years in Federal Prison for Illegal Drug Distribution and Health Care Fraud. RHODE ISLAND.

US Department of Health and Human Services 40

US Department of Health and Human Services Nursing Homes COVID-19 Nurses 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.) Thus, I talked to Kel Pults at MediQuant about their health care service, which they call an “active archive.”

Public Health 99

Public Health COVID-19 FDA Governance 99

Hall Render

MARCH 29, 2024

after cyberattack CHI St. after cyberattack CHI St. lawmakers agree to make it easier to build new hospitals Hoar Begins Construction on $18.3M

Nursing Homes 40

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

Drug & Device Law

DECEMBER 4, 2023

On a host of issues, CPAP II makes a recommendations about state law – but without any basis in existing state law. Undisputedly, the complaint at issue “allege[d] no specific facts about any specific plaintiffs or specific injuries.” 662, 679 (2009). 28, 2023) (“ CPAP II ”), is entirely Mr. Hyde. 2023 WL 7019287, at *3.

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Fraud FDA Hospitals Doctors 52

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.” Bexis wrote about this criminal case here.) Sit back and enjoy this odd tale.

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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 same sky-is-falling argument could be said about any litigation with sufficiently “numerous” class members, so it’s rather tautological.

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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

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

NOVEMBER 7, 2022

We’ve written several posts about ridiculous absolute liability theories seeking to hold drug manufacturers liable simply for making an FDA approved prescription drug. Back in 2009, the defendant’s “production stalled due to various problems at its manufacturing facility.” Genzyme Corp. 2022 WL 4237528 (D. 2022 WL 4237528, at *2.

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FDA Doctors Fraud 72

Drug & Device Law

MAY 4, 2023

25, 2023), is one we have been talking about for a long time. Next up was the plaintiff’s somewhat incongruous warnings claim, which the court generously construed as complaining about the specificity of the paralysis warnings. When a court understands preemption, the bar gets higher. The preemption primarily at issue in Brashear v.

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FDA Fraud Compliance 64

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).

Medical Personnel 59

Medical Personnel COVID-19 Fraud Doctors 59

Drug & Device Law

FEBRUARY 15, 2024

The two of us recently wrote about the issue of retroactivity of Michigan S.B. Nothing about retroactivity. Nothing about it applying to claims accruing on a certain date in the past. 2009) (citations omitted). 20, 2022) (dismissing 197 cases)) and discouraged countless others from being filed. 410 repeal in Law360 (i.e.,

FDA 52

FDA Compliance Fraud Hospitals 52

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. . . . Twombly , 550 U.S. Iqbal , 556 U.S.

Fraud 59

Fraud FDA Licensing Pharmaceutical Industry 59

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