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Follow updates by Gregory Fliszar on law news provider JD Supra.

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    On July 29, 2016, the Federal Trade Commission (“FTC” or “Commission”) reversed an FTC administrative law judge’s (“ALJ”) opinion which had ruled against the FTC, finding that the Commission had failed to show that LabMD’s conduct caused harm to...
    By: Gregory Fliszar

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    In a class action lawsuit, the U.S. Court of Appeals for the 7th Circuit recently affirmed a lower court decision granting a preliminary injunction that prevented the state of Indiana from enforcing a $1,000 annual cap on Medicaid coverage for...
    By: Gregory Fliszar

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    Since the Health Insurance Portability and Accountability Act (HIPAA) privacy rules became effective in April 2003, there has been minimal enforcement activity by the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR)....
    By: Gregory Fliszar

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    On January 10, 2013, President Obama signed into law H.R. 1845, which includes the Strengthening Medicare and Repaying Taxpayers Act of 2011 (SMART Act). The SMART Act amends several portions of the Medicare Secondary Payer (MSP) Act that apply to...
    By: Gregory Fliszar

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    A pre-publication version of the much anticipated final Omnibus Health Insurance Portability and Accountability Act (HIPAA) rule (the Final Rule) was issued January 17, 2013 with publication in the Federal Register scheduled for January 25, 2013....
    By: Gregory Fliszar

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    On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus Rule). The Omnibus Rule is a...
    By: Gregory Fliszar

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    Two of Mercy Health System’s hospitals (Nazareth Hospital and the former St. Agnes Medical Center) successfully challenged, before Judge Ludwig of the U.S. District Court for the Eastern District of Pennsylvania, the Secretary of Health and Human...
    By: Gregory Fliszar

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    The Department of Health and Human Services (HHS) is expected to launch its long-awaited HIPAA audit program sometime in 2014. The audit program will be run by HHS’ Office of Civil Rights (OCR), which is likely eager to get the program going after...
    By: Gregory Fliszar

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    The Department of Health and Human Services (HHS) recently released a new security risk assessment (SRA) tool for small- to medium-sized health care providers. HIPAA requires covered entities to conduct periodic assessments of the administrative,...
    By: Gregory Fliszar

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    On October 8, 2014, the Centers for Medicare & Medicaid Services (“CMS”) withdrew its Notice of Proposed Rule Making (“NPRM”) from the Office of Management and Budget that was to address how Medicare’s future interests should be protected pursuant to...
    By: Gregory Fliszar

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    On October 31, 2014, The U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released its Work Plan for fiscal year (FY) 2015. The Work Plan summarizes “new and ongoing reviews of activities that OIG plans to pursue...
    By: Gregory Fliszar

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    Health care providers, insurers and all who handle information on their behalf were put on notice last week that cybersecurity must be a high priority for their organizations....
    By: Gregory Fliszar

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    Coming fresh off the heels of the Anthem data breach Premera Blue Cross announced on March 17th that it was the victim of a “sophisticated” cyberattack that may have exposed the personal information of approximately 11 million of its members....
    By: Gregory Fliszar

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    Coming fresh off the heels of the Anthem data breach Premera Blue Cross announced on March 17th that it was the victim of a “sophisticated” cyberattack that may have exposed the personal information of approximately 11 million of its members....
    By: Gregory Fliszar

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    On April 6, 2015, the Centers for Medicare & Medicaid Services (“CMS”) released a proposed rule that would extend provisions of the Mental Health Parity and Addiction Equity Act of 2008 (the “Mental Health Parity Act”) to Medicaid managed care...
    By: Gregory Fliszar

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    On April 27, 2015, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that Cornell Prescription Pharmacy (“Cornell Pharmacy”) had entered into a resolution agreement to settle, without an admission of...
    By: Gregory Fliszar

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    On November 13, 2015, an administrative law judge (“ALJ”) ruled against the Federal Trade Commission (“FTC”) in its high-profile data security case against LabMD. The ALJ ruled that the FTC had failed to show that LabMD’s conduct had caused harm to...
    By: Gregory Fliszar

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  • 01/06/16--15:30: Gun Control and HIPAA
  • In the wake of recent gun violence and in a concerted effort to protect public safety, the Department of Health and Human Services (HHS) released a final rule published in the Federal Register January 6, 2016, that modifies the HIPAA Privacy Rule to...
    By: Gregory Fliszar

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    On consecutive days, the Office of Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) recently announced two large HIPAA breach settlements. On March 16, 2016, OCR announced that it entered into a Resolution Agreement with...
    By: Gregory Fliszar

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    The Department of Health and Human Services (HHS) Office of Civil Rights (OCR) finally announced on March 21 that it is ready to begin Phase Two of its HIPAA audit program, which will include business associates. These audits, mandated by HITECH,...
    By: Gregory Fliszar

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