Yesterday, the United States Supreme Court held that a False Claims Act (FCA) defendant cannot rely on an objectively reasonable interpretation of a law, regulation, or rule to negate the scienter element of the FCA. In United States ex rel.
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 7
OCR’s Proposed Rule Finds Fertile Ground for Enhanced Reproductive Privacy Protection
The Department of Health and Human Services Office for Civil Rights (OCR) issued a proposed rule on April 17, 2023, to amend provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to strengthen privacy protections for individuals’…
New Florida Law Will Impose A Third-Party Administrator Licensing Requirement for Pharmacy Benefit Managers
On May 3, 2023, the Florida governor signed a comprehensive law (SB 1550) regarding pharmacy benefit managers (PBMs). This new law imposes significant new requirements on PBMs. This article discusses only one of these new requirements: a PBM…
All Good Things Must Come to an End: The Expiration of OCR’s Enforcement Discretion
On April 11, 2023, the Department of Health and Human Services’ Office for Civil Rights (OCR) confirmed that four notifications of enforcement discretion regarding enforcement of the HIPAA Privacy, Security, and Breach Notification Rules (the HIPAA rules) during the COVID-19…
The FTC Sends Another Warning to Digital Healthcare Platforms About Use of Tracking Pixels
The Federal Trade Commission (FTC) continues to prioritize the protection of consumers’ digital health information. The agency has demonstrated this commitment through enforcement actions against GoodRx and BetterHelp for sharing consumer health information for advertising purposes (see our blog posts…
The Trebling Effect of (Some) False Claims Act Trials
There are multiple components to the risk defendants must consider when faced with going to trial for a matter involving the False Claims Act (FCA). Setting aside the incalculable impact that litigation can have on business operations, the statute itself…
FTC Cracks Down on BetterHelp’s Sharing of Health Information for Advertising
Following its February settlement with GoodRx, the Federal Trade Commission (FTC) has fired another shot across the bow in its ongoing campaign to protect consumers’ digital health information. Earlier this month the FTC announced a consent order with BetterHelp…
Stop – Go – Stop Again – Now GO… Surprised by the No Surprises Act?
We are not surprised by the continued stop-and-go regarding guidance surrounding the No Surprises Act. Most recently, a Texas court vacated portions of the No Surprises Act’s updated final rule (the final rules were discussed in our most recent blog…
FTC’s Enforcement Action Against GoodRx Breathes New Life into Decade Old Regulation
By Jordan Cohen
The Federal Trade Commission (FTC) didn’t mince words. On September 2021, it called out the health app industry for failing to understand the agency’s Health Breach Notification Rule (HBNR) and for not disclosing its breaches. Apparently dissatisfied with the…
May Resident Physicians Use Hospital DEA Registration Numbers Off-Site?
By Martin R. Dix & Gaby
A Florida “resident physician” is someone who has completed their internship and graduated from medical school but is not yet licensed as a Florida medical doctor or osteopathic physician and who registers with the Department of Health as a resident…