Regulatory Issues | Privacy | Other

The HIPAA / HITECH Omnibus Final Rule is Here! Is Your Health Care Organization Complying with the Rules?

(September 23, 2013): Effective today, all covered entities and business associates must comply with the Health Insurance Portability and Accountability Act (HIPAA) Omnibus Final Rule. Please keep in mind, the Final Omnibus Rule is 138 pages long. If you have not already read these new requirements, we strongly recommend that all covered entities, business associates […]

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Disability Discrimination Cases are Being Pursued by the Office of Civil Rights

(July 19, 2013): Health care providers choosing to participate in Medicare, Medicaid and other Federal health benefits programs are obligated to comply with a wide range of statutory and regulatory requirements. The primary issues most cited in connection with these obligations include those involving questions of medical necessity and / or coverage, coding and billing

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“Under the Fifth Amendment, You Have the Right to Remain Silent.” Well. . . Maybe Not.

(July 3, 2013):Everyone reading this article is likely familiar with the phrase “You have the right to remain silent.” In fact, a citizen’s right to remain silent is considered the cornerstone of an individual’s Fifth Amendment right against self-incrimination. As you may recall, the Fifth Amendment to the Constitution provides: “No person shall be held

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Record FCA Recoveries Were Collected by the Government in 2012

(February 12, 2013): The civil False Claims Act is the primary civil enforcement tool used by the U.S. Department of Justice. As discussed below, the False Claims Act is an extraordinarily useful statute for government prosecutors, both in terms of ease of use and in terms of the damages which may be recovered by the

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Peddling and Soliciting, Municipal Regulations These Issues Can be Complex. Is Your City Clear on These Points?

(January 8, 2013): As a general rule cities can regulate hawking, canvassing, peddling and soliciting within city limits. International Society for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 112 S. Ct. 2711, 120 L. Ed. 2d 541 (1992). The public policy that allows cities to regulate peddlers or the solicitation of contributions is to

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Healthcare Cloud Computing – Compliance Risks

(August 14, 2012): Cloud computing is in the process of revolutionizing the way that individuals and businesses store, receive, and use their data. You may have heard about it through companies such as Google, Apple, and Microsoft, all advertising sophisticated cloud computing services. But what are the risks your organization faces with respect to healthcare

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Guide to Efficient Business Transactions: Part III

(July 6, 2012): This article is a continuation of our discussion on how a business person can manage attorneys and other professionals in the legal process of his business transactions, to minimize the costs and risks. A link to Part II is provided: Click here for Part II. I. Efficient Business Transactions, Continued: (k) Conform

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Guide to Efficient Business Transactions: Part I

(June 18, 2012): How a business person can manage attorneys and other professionals in the legal process of his business transactions, to minimize cost and risk and maximize efficiency? Let’s look at a few these issues below. I. Goal of this Guide; Goals of Your Business Transactions. This Guide is written for those handling important

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