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Articles Posted in Health Law

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OIG Plans to Scrutinize Medicare Part D Drug Claims

Robert A. Vito, Acting Assistant Inspector General, CMS Audits, testified before the Subcommittees on Federal Financial Management of the Senate Homeland Security and Governmental Affairs Committee on Preventing and Recovering Government Payment Errors. In his testimony, Mr. Vito expressed concern over OIG’s June 2010 report on Invalid Prescriber Identifiers on…

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Physicians’ Perceptions, Preparedness for Reporting, and Experiences Related to Impaired and Incompetent Colleagues

A recent doctor survey study by the Journal of American Medical Association (JAMA) found that while physicians support the professional commitment to report all instances of impaired or incompetent colleagues, when faced with these situations, many do not report. Conducted by a team from Massachusetts General Hospital, the study used…

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RAC Vulnerabilities Highlighted in CMS Release

CMS just released its first in a series of articles that will disseminate information on Recovery Audit Contractor (RAC) high-dollar improper payment vulnerabilities. The objective of such articles is to provide education regarding RAC demonstration-identified vulnerabilities to prevent the same problems from happening in the future. CMS notes two high-risk…

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Secretary Sebelius Announces Final Rules to Support Meaningful Use of Electronic Health Records

The U.S. Department of Health and Human Services announced its plan to expand the use of electronic health records (EHR) through incentives payments, to improve Americans’ health, increase safety and reduce health care costs. Under the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009, health care…

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New HIPAA Rules Will Require Covered Entities To Issue New Notice of Privacy Practices

In addition to the many aspects of the new HIPAA rules modifying the existing HIPAA Privacy and Security Rules, if the proposed rules are finalized, covered entities will be required to make “material modifications” to their Notice of Privacy Practices (“Notice”) therefore triggering obligations to revise and distribute the “new”…

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OIG Enters Into $7.3 Million Civil Monetary Penalty Settlement With Physician-Owned Enterprise

The OIG for the Department of Health and Human Services entered into a Civil Monetary Penalty (CMP) settlement agreement for $7.3 million with United Shockwave Services, United Prostate Centers, and United Urology Centers (collectively, United), all of which are based in the Chicago, Illinois area. This agreement settles charges by…

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Health Information Privacy and Security Strengthened through New Proposed Rule

The Department of Health and Human Services (“HHS”) today announced a notice of proposed rulemaking regarding HIPAA Privacy and Security. The proposed rule is issued in connection with the amendments and expansion to HIPAA made as part of the Health Information Technology and Economic Clinical Health Act (the “HITECH Act”),…

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FTC delays enforcement of Red Flag Rules against Physicians

The Federal Trade Commission recently issued a press release delaying the compliance deadline of the red flag rules until December 31, 2010. Then, on June 25, 2010, the FTC and several medical groups stipulated that the FTC will not enforce its red flag rules against physicians who are members of…

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California Physicians Challenge Opt-Out of Physician Supervision Requirement

Last year, Governor Arnold Schwarzenegger requested exemption from the federal supervision requirement of nurse anesthetists. After unsuccessfully seeking a rescission of the opt-out, on June 3, 2010, the California Society of Anesthesiologists (CSA) and California Medical Association (CMA) filed a lawsuit against the governor. Medicare required a physician to supervise…

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OIG Identifies Inpatient Rehabilitation Facility (IRF) Overpayments

The Office of Inspector General (“OIG”) today published a report regarding overpayments identified made to inpatient rehabilitation facilities (“IRFs”) from 2004 through 2007. According to the report, of the claims reviewed by the OIG, the vast majority (i.e., 213 out of 220) of transfers from an IRF to another facility…