Articles and Blogs

Background On November 26, 2012, the Office for Civil Rights (“OCR”) released guidance regarding methods and approaches to achieve de-identification of protected health information (“PHI”) in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  Congress mandated in the American Recovery and Reinvestment Act of 2009 that OCR issue such guidance.

Executive Summary On December 20, 2012, a Federal District Court judge allowed a False Claims Act (“FCA”) case to continue against a Pharmacy Benefits Manager1 (“PBM”), related to PBM services it furnished to an unrelated Medicare Part D Sponsor (“Sponsor”).  In 2007, the Sponsor engaged a third party auditor to audit the Part D claims…Read More

Fiscal Cliff Deal Includes Substantial Hospital Payment Cuts The American Taxpayer Relief Act of 2012 (H.R. 8) was signed into law on January 2, 2013.  The so-called “fiscal cliff deal” extends current Medicare physician payment rates through December 31, 2013 and thus averts the 26.5% Sustainable Growth Rate (“SGR”) cut.  The deal also delays the…Read More

On January 1, 2013, the Senate and House approved the American Taxpayer Relief Act of 2012 (the “Act”), which contains good news for charities as it provides a tax benefit for some taxpayers if they act by January 31, 2013.  The Act also revives the Individual Retirement Account (“IRA”) charitable rollover in IRC Section 408(d)(8)…Read More

The Medicare therapy caps have been the subject of many changes over the past couple of years, and several of those changes were set to expire on December 31, 2012.  However, due to the passage of the American Taxpayer Relief Act of 2012 (the “Act”), some of the changes will be extended until the end…Read More

On January 2, 2013, the Department of Health and Human Services (“HHS”) announced that it had reached a settlement with a hospice provider (“Hospice”) arising from potential violations of the Security Rule under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  HHS learned of the circumstances giving rise to the enforcement action through…Read More

Late last night, Congress approved a bill to avoid the widespread tax increases and 2% across-the-board spending cuts known as the “fiscal cliff.”  While the legislation permanently raises taxes on individuals with incomes over $400,000 and couples making over $450,000, it only delays the 2% across-the-board spending cuts (including Medicare reimbursements) for two months and…Read More

Michigan Governor Signs “Internet Privacy Protection Act.” The Basics of the New Michigan Law On December 28, 2012, Governor Rick Snyder of Michigan signed into law the Internet Privacy Protection Act.  In general, the law, which takes effect immediately, prohibits an employer from requesting that an employee or applicant disclose or provide access to his…Read More