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Results:1-10 of 33

DOJ takes new tack on hospital recoupments: implantable cardiac defibrillators
  • Foley Hoag LLP
  • USA
  • September 4 2012

The U.S. Department of Justice has sent emails to hospitals across the country regarding implantable cardioverter defibrillators, asking the hospitals to self-audit and estimate possible penalties under the False Claims Act.


Pulling out your hair over wrongfully disclosed records?
  • Foley Hoag LLP
  • USA
  • September 2 2011

A recent Massachusetts case shows that even prisoners have a right to privacy in their medical records.


Another big HIPAA settlement: the UCLA health system settles for $865,000
  • Foley Hoag LLP
  • USA
  • July 8 2011

In another sign that OCR is continuing to seek significant penalties for HIPAA violations, it announced on July 7 that the UCLA Health System ("UCLAHS") has agreed to settle potential violations of the HIPAA Privacy and Security Rules for $865,500 and has committed to a corrective action plan aimed at remedying gaps in its compliance with those rules.


Facebook posting about patientHIPAA violationphysician sanctions
  • Foley Hoag LLP
  • USA
  • May 12 2011

The case of Dr. Alexandra Thran should cure any physician of the desire to discuss a patient on Facebook.


U.S. Supreme Court decision clarifies “cat’s paw” theory of liability
  • Foley Hoag LLP
  • USA
  • March 7 2011

Last week, the U.S. Supreme Court held in a unanimous decision that an Army reservist who had been terminated from his civilian job as a hospital technician could bring a claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA) based on evidence that the individual who terminated him, an unbiased human resources manager, relied in part upon discipline issued by the employee’s two immediate supervisors, who were motivated by hostility toward the employee’s military obligations.


HHS fines Cignet Health $4.3 million for HIPAA violations
  • Foley Hoag LLP
  • USA
  • February 22 2011

Earlier today, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) issued a Notice of Final Determination finding that Cignet Health of Prince George’s County, Md., (Cignet) violated the Privacy Rule of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).


500 is a magic number: health information breaches impacting 499 or fewer patients likely go uninvestigated by OCR
  • Foley Hoag LLP
  • USA
  • February 21 2011

In the recently-released fiscal 2012 budget for HHS, a dirty little secret has been acknowledged: the Office of Civil Rights does not have the resources to review all reported breaches of health information.


First Circuit reverses trial court decision to exclude expert from testifying based on pro-plaintiff bias, holding focus of inquiry should be on expert’s specialized knowledge and whether testimony will assist jury in understanding fact in issue
  • Foley Hoag LLP
  • USA
  • January 31 2011

In Cruz-Vasquez v. Mennonite General Hospital, Inc., 613 F.3d 54 (1st Cir. 2010), plaintiffs sued a hospital and two physicians in the United States District Court for the District of Massachusetts, asserting medical malpractice and Emergency Medical Treatment and Active Labor Act claims after their daughter died two days after her premature birth.


Apparent HIPAA violations in hospital treating Tuscon shooting victims
  • Foley Hoag LLP
  • USA
  • January 16 2011

As so often happens following a hospital's involvement in a high profile event, the Tuscon hospital treating the victims of the recent shooting is reported to have fired several staff, presumably for looking at patient records they should not have looked at.


End-stage renal disease (ESRD) quality incentive program (qip) final rule
  • Foley Hoag LLP
  • USA
  • January 13 2011

On Dec. 29, 2010, CMS issued the End-Stage Renal Disease (ESRD) Quality Incentive Program (QIP) Final Rule, which applies to Medicare outpatient ESRD dialysis providers and facilities (published on Jan. 5, 2011).