Enforcement Scorecard

The HIPAA Information Access Rights Crackdown Continues

The face of federal HIPAA enforcement has changed in a subtle but significant way in the past 18 months. Historically, the focus has been all about keeping personal health information (PHI) private … [Read more...]

CMS Says Improper Medicare Fee-for-Service Payments Are Down $15 Billion Since 2016

CMS is claiming that its “aggressive corrective actions” have saved taxpayers over $15 billion in improper Medicare Fee-For-Service (FFS) payments over the past four years. According to the November … [Read more...]

Enforcement Trends

Feds Bust Labs for Telemedicine Testing Scams

So much for the pandemic’s dulling the momentum of federal fraud enforcement. Dubbed “Operation Rubber Stamp,” the new nationwide enforcement action revealed by the Department of Justice (DOJ) on … [Read more...]

Enforcement Trends

Whistleblowing Activity Continues to Grow Despite the Pandemic

Even during a pandemic, False Claims Act whistleblower litigation against labs and other health providers continues to be a highly profitable business for both whistleblowers and the federal … [Read more...]

Stark Law

CMS Proposes to Peel Back Restrictions on Physician Owned Hospital Expansions

From the onset, the Administration has assigned a high priority to loosening Stark Law and Anti-Kickback Statute (AKS) restrictions. And now CMS has floated two new proposals allowing for greater … [Read more...]

Feds Charge Silicon Valley Med Tech Executive with Massive COVID-19 Stockholder Swindle

The executive of a publicly traded Silicon Valley medical tech firm has been charged with swindling investors and insurers by misrepresenting the diagnostic capabilities of a test using finger stick … [Read more...]

Cybersecurity

OCR Temporarily Eases HIPAA Privacy Restrictions for Telehealth Practice

In furtherance of its social distancing strategy, the federal government is temporarily allowing labs and other health care providers to use communication technologies like Facetime or Skype for any … [Read more...]

CMS Increases 2020 Maximum Civil Monetary Penalties

Every year, HHS adjusts for inflation the maximum civil monetary penalty (CMP) amounts that a lab or other provider can be fined. In 2020, CMP maximums will increase by 2.522%. The new higher CMP … [Read more...]

Enforcement Trends: OCR Continues to Crack Down on HIPAA Right of Access Violations

On Sept. 9, 2019, the Office for Civil Rights (OCR), the HHS agency in charge of federal HIPAA enforcement, did something it had never done before by entering into a monetary settlement with a … [Read more...]

ENFORCEMENT

Enforcement Trends: False Claims Act Recoveries Increase as Labs Remain in Firing Line

The dollars paid by healthcare providers in federal False Claims Act settlements and judgments increased for the second year in row in 2019. After a surprising decline in 2017, total recoveries … [Read more...]


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