With a couple of “firsts,” the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) is signaling that it is cracking down on healthcare organizations that fail to identify and address cybersecurity vulnerabilities as required by
Health Law Rx
Akerman Insights on the Latest Developments in Healthcare Law
Health Law Rx, published by Akerman LLP, focuses on legal developments and regulatory issues affecting the healthcare industry. The blog covers topics such as Medicare and Medicaid reimbursement policies, healthcare compliance and enforcement actions, data privacy and security regulations, information blocking and interoperability rules, healthcare fraud and abuse investigations, and state-specific healthcare laws and regulations. It also addresses emerging challenges in healthcare delivery, patient rights, and administrative requirements for providers and facilities. The blog provides updates on government agency initiatives, legislative changes, and enforcement trends relevant to healthcare providers, payors, and industry stakeholders.
Latest from Health Law Rx - Page 6
Compliance Officers: Read the New OIG General Compliance Program Guidance!
The Office of Inspector General of the U.S. Department of Health and Human Services (the OIG) recently released an updated General Compliance Program Guidance document (GCPG). The GCPG has been anticipated since the OIG announced on April 25, 2023, that…
ACTION REQUIRED TO AVOID FINES! DEADLINE APPROACHING: Florida Pharmacy Benefit Managers Must Be Licensed as a Third-Party Administrator by January 1, 2024
Pharmacy Benefit Managers (PBMs) take note! Under Florida’s new Prescription Drug Reform Act, PBMs must be licensed as an insurance administrator (also known as a third-party administrator, or TPA). Under this new law, any entity that wishes to provide PBM…
THE NO SURPRISES ACT: Hoping for an End to the Surprises
By looking at the events that have transpired since the Consolidated Appropriations Act, 2021, which includes the No Surprises Act (the Act), was signed into law, it is clear that the Departments of Health and Human Services, Labor, and…
Surprise… No Surprises Act Arbitration Is Too Expensive
Providers finally obtained court ordered relief to the $350 administrative fee each party was required to pay as part of the Federal Independent Dispute Resolution (IDR) Process under the No Surprises Act. Until the Departments of Health and Human Services,…
Teva FCA Decision Sheds Light on Varying Interpretations of the Elements of an FCA Claim
By Noam Fischman, Lauren Gandle & Gaby
How could alleged kickbacks threaten to render insolvent a publicly traded company with assets (taken from its latest SEC filing) in excess of $43 billion? The answer stems from a recent decision by the United States District Court for the…
OCR and FTC Issue Warning to Hospital Systems and Telehealth Providers about Tracking Technologies
On July 20, 2023, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Federal Trade Commission (FTC) announced they were sending a joint letter to approximately 130 unidentified hospital systems and telehealth providers highlighting…
OIG Issues Information Blocking Penalties Final Rule: Health IT Developers and Health Information Exchanges/Networks Have a Million Reasons to Care
On June 27, 2023, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued its long-anticipated final rule amending the OIG’s civil monetary penalty (CMP) regulations as they relate to information blocking (CMP Final Rule or…
The Supreme Court Clarifies the Government’s FCA Dismissal Power and Invites Constitutional Challenge to the FCA’s Qui Tam Provision
For the second time this month, the United States Supreme Court addressed a circuit split involving the False Claims Act (FCA, 31 U.S.C. §§ 3729 – 3733). Earlier, in the SuperValu decision (discussed in a recent Health Law Rx Blog…
Health Apps Beware: FTC Clarifies Health Breach Notification Rule with Significant Proposed Changes
Direct-to-consumer health and wellness applications are forewarned: the Federal Trade Commission (FTC) is proposing changes to the Health Breach Notification Rule (HBNR), 16 C.F.R. part 318, that, if finalized, would cement the HBNR’s applicability to a broad swath of direct-to-consumer…