Legal Topics in Healthcare

Latest from Legal Topics in Healthcare

The Sarbanes-Oxley (SOX) Act of 2002 (Public Law 107-204) was designed to protect the interests of investors and enhance corporate oversight and accountability of public traded companies.  Specifically, SOX mandates auditing, quality control, ethics, detailed/timely disclosures and independent /informed authentication of all financial statements. To date, there are only two provisions of SOX that apply directly to HealthCare (Non-Profit) Organizations — whistleblower protections and retention of all documentation pertinent to an investigation. However, the healthcare…
What is an expectation to privacy?  The Fourth Amendment provides this constitutional right. An expectation of privacy is related to, but is not the same as, a right to privacy, a much broader concept which is found in many privacy laws. In general, one cannot have a reasonable expectation of privacy in things held out to the public. But, what about email and other electronic communications/information? The Stored Communications Act (SCA) was enacted in 1986 to…
The March 18, 2019 post of Legal Topics in Healthcare provided a definition of Cooperation Credit when undergoing a False Claims Act (FCA), HIPAA Investigation or the like.  In 2015, Deputy Attorney General Yates issued a memorandum detailing a policy on “individual accountability”.  The memo, Individual Accountability for Corporate Wrongdoing, is known as the “Yates Memo.” This memo essentially limited the availability of cooperation credit to only those organizations that provide the…