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The Rising Cost of HIPAA Violations

April 19, 2012 | Blog | By Karen Lovitch

As detailed by Kimberly Gold in a recent Privacy & Security Matters post, a physician group recently agreed to pay a six-figure fine and implement a corrective action plan under a Resolution Agreement with the U.S. Department of Health and Human Services Office for Civil Rights after a lengthy investigation into potential HIPAA violations. 
ML Strategies has posted its weekly Health Care Reform Update.  This publication provides timely and concise information on  implementation of the Affordable Care Act, and other state and federal administrative and legislative activities related to health care reform.
Hospital chains Hospital Corporation of America (HCA) and Tenet Healthcare Corporation (Tenet) announced on April 12th that the Centers for Medicare & Medicaid Services (CMS) has admitted that it erroneously calculated the rural floor provision established by the Balanced Budget Act of 1997.
Mintz Levin's Health Care Enforcement Defense Group has issued a new Client Advisory:  Industry Trends in Criminal Health Care Fraud Enforcement - Part III in a Continuing Series on Health Care Enforcement.

CMS Selects 27 ACOs

April 13, 2012 | Blog | By Brian Dunphy

In another step toward implementation of Accountable Care Organizations (ACOs), on April 10, 2012, the Centers for Medicare & Medicaid Services (CMS) selected 27 ACOs in 18 states to participate in the Medicare Shared Savings Program (Shared Savings Program).
The Centers for Medicare & Medicaid Services (“CMS”) recently published final regulations implementing program and technical changes to the Medicare Advantage (“MA”) and Medicare Prescription Drug (“Part D”) benefit programs.
ML Strategies has posted its weekly Health Care Reform Update.  This publication provides timely and concise information on  implementation of the Affordable Care Act, and other state and federal administrative and legislative activities related to health care reform.
Under a proposed settlement agreement with the Department of Justice (DOJ), private insurers Humana Inc. (Humana) and Arcadian Management Services, Inc. (Arcadian) must divest certain of Arcadian’s assets in parts of five states in order for Humana to proceed with its $150 million acquisition of Arcadian. 
ML Strategies has posted its weekly Health Care Reform Update.  This publication provides timely and concise information on  implementation of the Affordable Care Act, and other state and federal administrative and legislative activities related to health care reform. 
For insights into how Foreign Corrupt Practices Act (FCPA) enforcement is creeping into the pharmaceutical and medical device manufacturer arena, see this article, which I co-authored with Paul Pelletier, former principal deputy chief of the Criminal Division's Fraud Section at the Department of Justice (DOJ).
This morning, on behalf of the Federal Trade Commission (FTC), Bureau of Competition Chief, Richard Feinstein, testified at a meeting of a subcommittee of the House Judiciary Committee concerning H.R. 1946, Preserving Our Hometown Independent Pharmacies Act of 2011, which would create an antitrust exemption for certain collective bargaining by pharmacies.

HHS Issues Report to Congress on the Self-Referral Disclosure Protocol

March 28, 2012 | Blog | By Brian Dunphy, Thomas Crane

On March 23, 2012, the Department of Health and Human Services (HHS) issued its statutorily required report to Congress (Report) describing the implementation of the Medicare Physician Self-Referral Disclosure Protocol (SRDP) and the status of disclosures under the SRDP to date. 
Last week, the Solicitor General, at the request of the Federal Trade Commission (FTC), petitioned the U.S. Supreme Court to review a ruling of the Eleventh Circuit regarding the acquisition of Palmyra Park Hospital (Palmyra) in Albany, Georgia by Phoebe Putney Health System (PPHS).
Officials from the Department of Health and Human Services Office for Civil Rights (OCR) announced March 26 that the long-awaited rule updating Health Insurance Portability and Accountability Act (HIPAA) regulations has been sent to the Office of Management and Budget (OMB).
ML Strategies has posted its weekly Health Care Reform Update.  This publication provides timely and concise information on  implementation of the Affordable Care Act, and other state and federal administrative and legislative activities related to health care reform.
In recognition of the Supreme Court argument that begins on Monday, March 26th, our Health Law Practice and government relations affiliate, ML Strategies, have published an advisory that reviews the key arguments in Florida v. HHS. 
Daria Niewenhous has co-authored an article appearing in the March 23, 2012 issue of Long Term Living Magazine entitled, 7 Steps to Divestiture Every Nonprofit Should Follow.

OIG Approves Wholly Owned Subsidiary GPO Arrangement

March 21, 2012 | Blog | By Karen Lovitch, Theresa Carnegie, Nili Yolin

In Advisory Opinion 12-01, the Office of Inspector General for the Department of Health and Human Services (OIG) analyzed a proposal from a nonprofit health system (the “System”) to form a group purchasing organization (the “Proposed GPO”) for the benefit of the System’s affiliates and subsidiaries. 

Client Alert - The False Claims Act: The Impact in 2012

March 20, 2012 | Blog | By Daria Niewenhous

Mintz Levin has issued a Client Alert:  The False Claims Act: The Impact in 2012 - Part II in a Continuing Series on Health Care Enforcement. 
ML Strategies has posted its weekly Health Care Reform Update.  This publication provides timely and concise information on  implementation of the Affordable Care Act, and other state and federal administrative and legislative activities related to health care reform.
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