Author: Jacob Hunt

Hospital Loses Tax-Exempt Status Through ACA Noncompliance

Hospital Loses Tax-Exempt Status Through ACA Noncompliance 501(c)(3) tax-exempt status is something many hospitals have come to enjoy and even take for granted. However, such status can be quickly lost through noncompliance with the Internal Revenue Code and other federal regulations. In a Final Adverse Determination letter made public by the IRS on August 4, 2017, the exempt status of an unnamed hospital was revoked in February 2017 due to the hospital’s failure “to comply with the requirements of IRC section 501(r), to conduct a community health needs assessment (“CHNA”), adopt an implementation strategy and make it widely available...

Read More

Hurricanes & HIPAA – Limited Waivers During Declared Emergencies

Hurricanes & HIPAA – Limited Waivers During Declared Emergencies In the aftermath of Hurricanes Harvey and Irma and with the Atlantic hurricane season hitting its midway point, the US Department of Health and Human Services (“HHS”) issued a bulletin outlining a limited waiver of HIPAA sanctions and penalties resulting from any violations that occur during a state of emergency. The stated purpose of this waiver is to facilitate assistance in disaster relief and to ensure patients are receiving the care they need in such circumstances. The bulletin states that because severe disasters (such as Hurricane Harvey) impose many additional...

Read More

Article of the Week: Texas HHS Announces Possible Data Breach Affecting Nearly 2,000

Article of the Week: Texas HHS Announces Possible Data Breach Affecting Nearly 2,000 The Texas Health and Human Services Commission (“HHSC”) recently announced a possible data breach affecting nearly 2,000 residents in the Houston area. As required by federal law, HHSC is notifying all of the 1,842 people who may be affected by the potential breach. The possible breach stems from the discovery of a discarded box of forms found beside an unsecured dumpster behind one of HHSC’s complexes in Houston, with the forms containing names, dates of birth, Social Security numbers, health information, bank account information, phone numbers,...

Read More

Fraudulent Claims Plus Poor Patient Care Equals $53.6 Million Settlement

Fraudulent Claims Plus Poor Patient Care Equals $53.6 Million Settlement Genesis Healthcare Inc., one of the nation’s largest skilled nursing and rehabilitation therapy providers, recently settled 6 lawsuits with the federal government for a total of $53.6 million. These lawsuits alleged a combination of fraudulent Medicare and Medicaid claims as well as “grossly substandard” patient care. Serving 45 states and the District of Columbia, Genesis has prior experience with government settlements. In 2016, Genesis settled another batch of allegations for an estimated $52.7 million. This 2017 settlement stems from issues arising within subsidiaries Genesis has acquired over the past...

Read More

Article of the Week: IT Worries Keeping Healthcare Lawyers Up At Night

Article of the Week: IT Worries Keeping Healthcare Lawyers Up At Night When one thinks of a healthcare attorney, often the first thing to come to mind is medical malpractice, followed by other concerns such as hospital employees or healthcare regulation. However, as this article from BlackBerry makes clear, it is now the issue of data security that has healthcare attorneys most concerned. Stressing the need for outside counsel to help navigate the vagueness of HIPAA and the intricacies of compliance, the article also names some of the most troubling data security issues, such as the use of personal...

Read More