Monthly Archives: October 2012

HIPAA Enforcement – The Gathering Storm Has Arrived

Posted by Gregory M. Fliszar on October 16, 2012
HIPAA, HITECH, Medicaid, Medicare / No Comments

Since the Health Insurance Portability and Accountability Act (“HIPAA”) privacy rules became effective in April 2003, there has been minimal enforcement activity by the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”).   However, this has changed dramatically over the last two years, as evidenced by some recent high-profile and high-penalty enforcement actions taken by OCR.  In addition to being concerned about OCR investigations, moreover, covered entities and business associates must also be on the alert for enforcement actions by state Attorney Generals, potential class action lawsuits, and OCR’s HIPAA audit program. Continue reading…

Gregory M. Fliszar

Gregory M. Fliszar

Greg focuses his practice on health law and handles a variety of health law litigation and regulatory and compliance matters for a number of different types of health care providers, including hospitals, hospices, mental health providers and physician groups. He has significant experience with HIPAA and privacy issues and has counseled insurance company clients on understanding their obligations under the Medicare Secondary Payer Act.

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Shedding Some Light on the ACA’s Sunshine Provisions

Posted by Robert A. Chu on October 01, 2012
Affordable Care Act, Fraud and Abuse / No Comments

On September 12, 2012, the Senate Special Committee on Aging held a roundtable hearing on the Sunshine Provisions in Section 6002 of the Patient Protection and Affordable Care Act (the “Sunshine Provisions”).  Under the Sunshine Provisions, certain drug and device manufacturers must annually report to the government many payments and other transfers of value they make to physicians and teaching hospitals.  Certain drug and device manufacturers and group purchasing organizations (“GPOs”) must also report ownership and investment interests in them held by physicians and their immediate family members.  In this post, we will report on the roundtable hearing, provide an overview of a Proposed Rule regarding the Sunshine Provisions, and discuss their implementation. Continue reading…

Robert A. Chu

Robert A. Chu

Rob is a member in the Health Law Practice Group. He primarily represents health care clients in Medicare, Medicaid, and third-party payor reimbursement disputes. Rob also counsels health care clients on regulatory and compliance issues. He was selected as a Super Lawyers Rising Star (Health Care) for 2016-2018.

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