Are Whistleblower Provisions Coming to HIPAA?
(January 25, 2012): I. Background Over the last few years, a number of health care providers and other "covered entities" (both large and small) have been audited and penalized by the government for improper breaches of protected health information. Enforcement actions taken have varied, ranging from mere warnings to criminal prosecution. II. HITECH Raises the Bar for Providers The "Health Information Technology for Economic and Clinical Health Act" (HITECH) contains a number of significant privacy provisions impacting health care providers. Two of these provisions include: (1) The initiation of privacy audits by contractors working for the Department of Health and Human Services (HHS), Office of ...
RACs, PSCs, ZPICs, HIPAA Auditors, State MFCUs, MICs, Medicaid RACs, HHS-OIG, DOJ, FBI, and Now. . . Patients?
(January 20, 2012): I. Background The Department of Health and Human Services (HHS) has long used reports and complaints from affected patients to further investigate allegations of possible Medicare fraud, waste and abuse. Last June, it was reported that HHS was planning on implementing a "Mystery Shopper" program, with a Federal contractor posing as a potential patient when calling a physician to inquire about possible care. While HHS quickly abandoned this program, it is important to keep in mind that the Centers for Medicare & Medicaid Services (CMS) has actively promoted its "Senior Medicare Patrol" (SMP) program since 1997. II. Senior Medicare Patrol For ...
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Liles Parker's Washington D.C. office has moved. Our new address is: Liles Parker 2233 Wisconsin Ave. NW Suite 210 Washington, D.C. 20007 Our phone number, fax number and email addresses remain the same. We look forward to assisting you with health law matters, including ZPIC and RAC overpayment appeals, compliance programs and gap analyses, and health care business transactions in 2012. For more information or a free consultation, please do not hesitate to contact us toll-free at 1 (800) 475-1906.
Are Your Privacy Practices Fully Compliant? HIPAA Audits are Here
(December 28, 2011) I. Introduction: The Office of Civil Rights (OCR), an agency of the Department of Health and Human Services (HHS), is the central organization responsible for enforcing compliance with the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). As OCR’s website reflects, the agency: “. . [I]nvestigates complaints, enforces rights, and promulgates regulations, develops policy and provides technical assistance and public education to ensure understanding of and compliance with non-discrimination and health information privacy laws.” II. Development of HIPAA Audits and Protocols: After witnessing the effectiveness of Medicare contractors in identifying and recovering improper payments, Congress chose to include a similar ...
Health Law Articles
The Latest Risk Area for Providers: CMS’ EHR Incentive Program Post-Payment Audits(January 26, 2012): 1. Background: Interested in getting involved with Medicare’s...
Are Whistleblower Provisions Coming to HIPAA?(January 25, 2012): I. Background Over the last few years, a number of health care...
RACs, PSCs, ZPICs, HIPAA Auditors, State MFCUs, MICs, Medicaid RACs, HHS-OIG, DOJ, FBI, and Now. . . Patients?(January 20, 2012): I. Background The Department of Health and Human Services...
Read More Posts From This CategoryBusiness & Transaction Articles
“A verbal contract isn’t worth the paper it is written on.”(November 21, 2011) After twenty years of practicing law, I still receive many calls...
Part III: Analysis and Conclusion(April 26, 2010): Part III: Analysis and Conclusion In the midst of an economic...
Part II: The “Zone of Insolvency” — the Delaware Example(April 26, 2010): This is the second installment of a three part article by David...
Read More Posts From This CategoryMunicipal Law Articles
City Contracts and ArbitrationIt is recommended that cities do not agree to arbitration, either voluntarily or by contract. First, this may result in protections provided by state law from being applied on behalf of the city. Second, an arbitrator may not have experience in municipal law, and may apply equitable principles that would not apply in a court of law. For instance,... [Read more of this review]
Hotel Occupancy Tax Funds – Management and Duty – Part III of III(March 30, 2011): In Part I, the Hotel Occupancy Tax (“HOT”) was defined and examples of how it can be used were given. Part II examined the two-part test to determine if a proposed expenditure of HOT funds meets the purpose of the HOT tax. Many cities will hire a third party firm or organization to manage and use HOT funds. Texas law allows this.... [Read more of this review]
Hotel Occupancy Tax Funds and Proper Use – Part II of III(March 22, 2011): In Part I the Hotel Occupancy Tax (“HOT”) was defined and examples of how it can be used were given. HOT tax funds (in Texas) are to be spent on authorized uses if the HOT funds are spent in a manner directly enhancing and promoting tourism and the convention and hotel industry. A two-part test in Texas that is commonly recognized... [Read more of this review]
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