Tag: Department of Health and Human Services

CMS Requests Information Regarding The Stark Law’s Potential Barriers to Coordinated Care

On June 25, 2018, the Centers for Medicare and Medicaid Services (“CMS”) published a Request for Information (“RFI”) in the Federal Register regarding section 1877 of the Social Security Act, also known as the “physician self-referral law” or the “Stark Law”. The Stark Law is a strict liability statute that: […]

Advocate Data Breaches Result in Largest HIPAA Settlement To Date

On August 8th, 2016, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued the largest Health Insurance Portability and Accountability Act (HIPAA) settlement to date with Advocate Health Care System (Advocate).  Advocate agreed to pay $5.55 million to settle a variety of HIPAA violations.  Advocate […]

FTC Announces Guidance for Developers of Mobile Health Apps

Chairwoman Edith Ramirez of the Federal Trade Commission (FTC) announced the release of new guidance directed towards developers of mobile health apps (the “Guidance”), while speaking today at the International Association of Privacy Professionals (IAPP) conference in Washington, DC.  The Guidance is a tool created in collaboration with the FTC, the […]

ALJ Upholds OCR Enforcement Against Lincare, Inc. of $239,800

A U.S. Department of Health and Human Services (HHS) administrative law judge (ALJ) recently sustained an earlier HHS Office of Civil Rights (OCR)  decision to impose a civil money penalty (CMP) of $239,800 against Lincare Inc. (Lincare) in  connection with HIPAA violations discovered after a breach of patient records.  This is only the second time […]

HHS Attorney Advises to Expect More Aggressive HIPAA Enforcement

Jerome Meites, a chief regional civil rights counsel for the U.S. Department of Health and Human Services (“HHS”), provided important insight into upcoming HIPAA enforcement at the recent American Bar Association conference in Chicago .  Since June 2013, over $10 million has been paid by entities to settle alleged HIPAA violations.  Mr. Meites predicted that, […]

CMS Posts Final National Average Drug Acquisition Cost Files – Possible Pharmacy Reimbursement Adjustments to Follow

As you head out for the holiday, you may want to stop by the Centers for Medicare & Medicaid Services (“CMS”) website to check out CMS’s latest gift – the posting of the final National Average Drug Acquisition Cost (“NADAC”) Files.  Along with the final NADAC files posted today (November […]

HHS Requests Information Regarding the Affordable Care Act’s Nondiscrimination Requirements

On August 1, 2013, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”) published a Request for Information (“RFI”) regarding the nondiscrimination provisions set forth in Section 1557 of the Affordable Care Act (“ACA”). This Section prohibits discrimination on the basis of race, […]