Category archive: Safety

Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act

As many of you are aware, on January 1, 2016, the Illinois Authorized Electronic Monitoring in Long-Term Care Facilities Act (the “Act”) became effective. This Act imposes various responsibilities on long-term care facilities in Illinois to allow residents to engage in electronic monitoring. The Department of Public Health (“IDPH”) also has certain responsibilities under the…

Reminder Annual OCR Breach Reporting is Due March 1, 2015

Covered entities must submit annual report to the OCR by March 1, 2015 for breaches affecting fewer than 500 individuals. Breach notification obligations differ depending on whether the breach affects 500 or more individuals or fewer than 500 individuals. A covered entity must submit its annual notification to the Office for Civil Rights (OCR) if…

Health Care Providers Beware – Overpayment Claim News

Two recently announced settlements with Washington State and the Federal government show two potential overpayment issues for providers. Molina Healthcare of Washington, Inc., announced in an SEC filing on September 5th, that it agreed in principle with the Washington Health Care Authority (HCA) to settle the two outstanding overpayment matters brought by HCA demanding recoupment…

CMS Offers to Settle Pending Appeals of Denied Claims

As a result of the substantial backlog of pending appeals for denied inpatient claims, Centers for Medicare & Medicaid Services (CMS) issued an offer to settle these denied claims in exchange for the hospitals withdrawal of pending appeals. Acute Care Hospitals and Critical Access Hospitals have until October 31, 2014 to make a settlement request….

EPA to Change Hazardous Pharmaceuticals Waste Management?

The Environmental Protection Agency (EPA) has proposed changes that may impact the way pharmaceuticals, especially those containing hazardous waste ingredients, are handled through reverse distribution. Organizations generating pharmaceutical waste including pharmaceutical companies, hospitals, long-term care facilities and physicians groups may be impacted. The following excerpt comes from the EPA website. Healthcare facilities and other business…

DOJ Files Suit Against Missouri Doctor For Anti-kickback Statute

The Justice Department is committed to combat fraud and abuse in federal healthcare programs. The most recent complaint filed by the DOJ is against Midwest Neurosurgeons LLC and its owner, Dr. Sanjay Fonn, MD, along with DS Medical LLC and its owner, Deborah Seeger. The defendants allegedly violated the Anti-Kickback Statute and False Claims Act…

Happy HIPAA update: OCR getting new Director

Based on reports that HHS Secretary Sylvia Mathews Burwell appointed Joceyln Samuels to replace Leon Rodriguez, it appears Office for Civil Rights (OCR) has the new leadership it has been awaiting. With this new leadership at the helm, can HIPAA audits be far off? Probably not. Iliana Peters, OCR’s senior advisor for HIPAA compliance and…

Learning the Hard Way – Omnicare to Pay $124M False Claims Settlement

False Claims Act (FCA) allegations are serious business. Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally funded programs. Omnicare learned the hard way just how serious FCA actions can be when a whistleblower made allegations against it. The Department of…

PHI + Home Computers = Possible Breach

Hershey Medical Center announced that it will notify 1,801 patients of a data breach. This privacy breach arose out of an employee’s action, which involved taking data home on a removable storage device to work on a personal computer at home after hours. The employee then used his personal email to send updated data to…

Nearly $5M Settlement for ePHI Breach Underlines Data Security Concerns

If you ever wonder if you should be concerned about HIPAA compliance, think about this latest Office of Civil Rights (OCR) settlement with New York Presbyterian Hospital (NYP) and Columbia University Medical Center (CU). Following a joint breach report on September 27, 2010, when NYP and CU disclosed the breach of electronic protected health information…

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