Articles and Blogs

On December 30, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a resolution agreement with an ambulance company (“Company”) covered entity that provides both emergency and nonemergency transportation services. The Company employs only 64 workers. The Company will pay $65,000 and enter into a Corrective Action Plan (“CAP”)... READ MORE

Your vendor just sent you a quote to let you obtain the software that you need, and it contains a link to the vendor’s standard terms and conditions. If it’s a seven-figure or eight-figure deal, one can assume that the vendor had the good sense to send you an editable version of the contract... READ MORE

On December 12, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced the second settlement under its “Right of Access Initiative.” A health care company that provides primary care and interventional pain management services (“Provider”) will pay $85,000 and enter into a Corrective Action Plan (“CAP”) to settle potential... READ MORE

On November 27, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that an Affiliated Covered Entity made up of 10 hospital covered entities (“ACE Organization”) will pay a penalty of $2.175 million and enter into a two-year Corrective Action Plan (“CAP”) to settle potential violations of the Health... READ MORE

On November 5, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that a New York Medical Center (“Medical Center”) will settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by paying a civil penalty of $3 million and entering into a Corrective Action... READ MORE

On October 23, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty (“CMP”) of $2,154,000 against a nonprofit academic health system (“Health System”) for violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The Notice of Proposed Determination and the Notice of... READ MORE

On October 9, 2019, both the Health and Human Services Office of Inspector General (“OIG”) and Centers for Medicare & Medicaid Services (“CMS”) issued proposed rules pertaining to the Anti-Kickback Statute safe harbor and Civil Monetary Penalties Law exception for EHR Donations (“EHR Donation Rules”), as well as a new safe harbor and exception... READ MORE

On October 2, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that a Texas dental practice (“Practice”) will settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by paying a civil penalty of $10,000 and adopting a corrective action plan. A patient of... READ MORE

Recently, there has been increased indication that patients, attorneys and the government are fed up with the fees that are being charged by providers when patients request access to or copies of their medical records. Providers who do not understand the type of request being made and the applicable fee rules that apply under... READ MORE

Citing its “Right of Access Initiative,” on September 9, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that a hospital in Florida (the “Hospital”) will settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by paying a civil penalty of $85,000 and adopting a corrective... READ MORE