Blog - Archive for Health Care Law News

Two Recent Settlements Underscore Critical Importance of HIPAA Compliance

Posted on Health Care Law News December 13, 2015 by author

HHS-OCR recently announced two HIPAA violation settlements with significant financial penalties in the space of a week, and both covered entities and business associates should take notice.  First was the settlement involving Lahey Clinic Hospital, Inc. (Lahey), which agreed to a settlement that stemmed from a 2011 incident where an unencrypted laptop was stolen from Read more →

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CMS Issues Important Stark Clarifications

Posted on Health Care Law News November 11, 2015 by author

On October 30, 2015, the Centers for Medicare and Medicaid Services (CMS) issued important changes to the Stark regulations. CMS also added two new Stark exceptions – one for hospital incentive payments for recruitment of non-physician practitioners, and the other changed certain rules for physician owned hospitals, including how the percentage of physician ownership will Read more →

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Budget Bill “Catch-Up” Provision To Increase FCA Fraud Penalties

Posted on Health Care Law News November 3, 2015 by author

In 1986 the Civil False Claims Act (“FCA”) was amended to increase penalties from $2,000 to between $5,000 and $10,000 per false claim. In 1999, the penalties were raised to their present level of between $5,500 and $11,000 per false claims.  As a result of budget legislation just passed, the FCA penalties as well as Read more →

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Department of Justice Follows Through on Threat of Individual Prosecution

Posted on Health Care Law News, White Collar News November 1, 2015 by author

Only weeks after Deputy Attorney General Sally Yates announced that the government was going to take a harder line against individuals in corporate fraud cases, the government has charged the former CEO of Warner Chilcott. Carl Reichel was arrested in connection with a health care fraud, false claims and kickback investigation that has also lead Read more →

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False Claims Act Whistleblower Also Receives Share of Civil Monetary Penalty (CMP) Imposed By HHS-OIG

Posted on Health Care Law News October 19, 2015 by author

For what appears to be the first time, a False Claims Act whistleblower who received a reward in connection with the False Claims Act case also received a share of a subsequent CMP imposed by the HHS-OIG in a related enforcement action. As background, the False Claims Act case had been brought against Jack Baker, Read more →

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