Month: October 2017

CMS Withdraws Proposed Compliance Reporting Rule

CMS Withdraws Proposed Compliance Reporting Rule On October 3, 2017, the U.S. Department of Health and Human Services (HHS) published a withdrawal notice for a proposed rule currently in the Federal Register. The proposed rule, found at 79 FR 298 and titled “Administrative Simplification: Certification of Compliance for Health Plans,” has been on the Federal Register since January 2014. Had the proposed rule been put into full effect, it would have required controlling health plans (CHPs) to submit certain information and documentation to demonstrate compliance with HIPAA and its accompanying standards and operating rules for three specific types of...

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Congress Marks Up Healthcare Funding Extension Bills

Congress Marks Up Healthcare Funding Extension Bills On October 4th, 2017, the Senate Finance Committee and the House Energy & Commerce Committee went through a “mark up” of legislation that could potentially extend funding for the Children’s Health Insurance Program (CHIP) for an additional five years. Though Congress let the current CHIPs funding lapse by not voting to extend funding before September 30, 2017, the new bill, if passed, would extend funding for the CHIPs program through 2022. The bills under consideration in both the House and Senate to extend funding for CHIP are not identical, but they feature...

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Nurse Lawfully Terminated for HIPAA Violation

Nurse Lawfully Terminated For HIPAA Violation The Kentucky Court of Appeals recently ruled in favor of a hospital that terminated the employment of a nurse due to HIPAA violations. The nurse had been treating a patient for Hepatitis C and made statements regarding the patient and the disease in a manner that allowed other patients and hospital personnel to overhear. Such statements included telling several colleagues, as the patient sat close by behind a privacy curtain, that they should make sure to wear gloves because of the patient’s disease. The patient subsequently filed a complaint against the nurse, and...

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False Claims Settlement of $7.55 Million Related to Opioid Drug

False Claims Settlement Of $7.55 Million Related To Opioid Drug The U.S. Department of Justice (DOJ) recently announced that Galena Biopharma, Inc. (Galena) will pay over $7.55 million to resolve False Claims Act (FCA) allegations related to kickbacks inducing doctors to prescribe Abstral, a Galena product. The allegations stem from a whistleblower suit filed under the FCA. The FCA’s whistleblower provisions allow for lawsuits on behalf of the U.S. by private parties, with the private party standing to obtain a portion of the payout if they prevail. The payout depends on whether or not the government decides to join...

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