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OIG "tweets" fraud and abuse educational materials for physicians

September 21, 2011 | Blog | By Brian Dunphy

On September 18, the Office of Inspector General (OIG) for the Department of Health & Human Services “tweeted” about its Physician Education Training Materials, which are designed to teach physicians how to comply with the Federal fraud and abuse laws.  OIG has increasingly used Twitter to publish information that may be of interest to providers.
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Texas Health Care Privacy Law

September 20, 2011 | Blog | By Daria Niewenhous

In this article "Texas Law Gives Privacy More Muscle than HIPAA", published by Law360 on September 16, 2011, Mintz Levin attorney Dianne Bourque is quoted regarding the aggressive new Texas health care privacy law.
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Medicaid RACs: Coming Soon to a State Near You

September 15, 2011 | Blog | By Brian Dunphy, Karen Lovitch

Eliminating fraud, waste, and abuse in health care has long been a top government priority, but — as demonstrated by a series of events this week — it likely will garner even more attention as the government seeks to reduce the federal deficit by $1.5 trillion over the next ten years. Providers should closely monitor the developments.
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Proposed CLIA and HIPAA Amendments Would Increase Patient Rights and Administrative Burden for Labs

September 13, 2011 | Blog | By Karen Lovitch, Dianne Bourque

CMS has announced the publication of a proposed rule that will require HIPAA-covered laboratories to make test results available to patients no later than 180 days after the rule's effective date, which will be 60 days after publication in tomorrow's Federal Register. 
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OIG Advisory Opinion Permits Donation of Telemedicine Items and Services

September 12, 2011 | Blog | By Brian Dunphy, Karen Lovitch

In a recent advisory opinion, the OIG allowed a hospital to share telemedicine resources with another hospital, in the interest of promoting new models of consultation and improving patient care by reducing unnecessary patient transfers.

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Qui Tam "Seal” Windows Shrinking?

August 22, 2011 | Blog | By Daria Niewenhous, Ellyn Sternfield

When qui tam relators/whistleblowers file suit under the civil False Claims Act (FCA), they are “standing in the shoes” of the government to allege that the government has suffered damages due to fraud. 
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MA Statute Banning Sex Offenders from Living in Nursing Homes without a Hearing is Unconstitutional, Says MA SJC

August 6, 2011 | Blog | By Daria Niewenhous, Samantha Kingsbury

This case involved “John Doe,” a 65-year-old registered level-three sex offender. After serving time in jail, Mr. Doe was released to a homeless shelter. After sustaining serious injuries during a mugging, he was hospitalized and later discharged to a nursing home. 
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