Health Law Attorney Blog

Recent Posts from Health Law Attorney Blog

• Red Flags Rule Deadline Extended...Again

  At the request of certain members of Congress, the Federal Trade Commission (FTC) has extended the enforcement date of the Red Flags Rule to June 1, 2010. Originally intended to be enforced on November 1,…

• New HIPAA Rules Posted Today

  HIPAA enforcement will be strengthened by an interim final rule posted today by the U.S. Department of Health and Human Services (HHS). The new rule increases significantly the penalties that may be imposed for HIPAA…

• Physician Tax? No, Thank You

  Governor Granholm's proposal to impose the Quality Assurance Assessment Program ("QAAP") fee (A.K.A tax) on physicians--HB 5386--was defeated in the Michigan Senate by a 32-4 vote on Wednesday, October 28. The bill proposed that "the…

• Part B Physicians Must Sign Dictated Medical Records

  Wisconsin Physician Services (WPS) issued guidance yesterday clarifying the importance of physician signatures on dictated notes, which emerged as a national issue identified by the Comprehensive Error Rate Testing Program (CERT). Regardless of whether dictation…

• HIPAA Violators Sentenced

  In Little Rock, Arkansas, Dr. Jay Holland, Sarah Miller, and Candida Griffin were sentenced this week for violating the Health Insurance Portability and Accountability Act (HIPAA). According to the U.S. Department of Justice press release,…

• Red Flags Exceptions Passed in House

  Representative John Adler's proposed Red Flags exceptions--H.R. 3763--passed in the House on October 23. Passing with a 400-0 vote, the bill exempts small businesses with 20 or fewer employees that meet certain requirements. The bill…

• Bill Introduced to Exempt Category of Small Businesses from Compliance with Red Flags Rule

  Representative John Adler introduced H.R. 3763 on October 8 to amend the definition of "creditor" in the Fair Credit Reporting Act to reflect the following exclusions: (A) a health care practice with 20 or fewer…

• $8.3 Million Settlement between University of Medicine and Dentistry of New Jersey Alleging Stark and Anti-Kickback Violations

  Alleging False Claims Act, Stark Law, and Anti-Kickback violations, the University of Medicine and Dentistry of New Jersey (UMDNJ) settled with the Department of Justice (DOJ) and the Department of Health and Human Services (HHS)…

• OIG Work Plan for FY 2010 Has Been Released

  The OIG released its Work Plan for the 2010 fiscal year (FY) this week, to be effective beginning October 2009. The OIG's Work Plan "describes the specific audits and evaluations that [the OIG has] underway…

• Billing Claims Involving Hospice Coverage

  When a beneficiary elects hospice care, s/he waives any Part B coverage related to that hospice care except for services rendered by an "attending physician." An attending physician is defined as either a doctor of…