With the passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act, business associates became directly liable for certain privacy and security requirements under the Health Insurance Portability and Accountability Act (HIPAA). Business associates are those individuals or entities (other than employees) who perform functions or activities on behalf of, or provide certain services to, covered entities which require access to protected health information (PHI).» Read More
In New Jersey, a physician is required to maintain treatment records for seven years from the date of the most recent entry; however, questions always arise about how long a physician must retain medical records for a minor.
The State Board of Medical Examiners does not differentiate between minor and adult patients, and simply sets a seven-year retention requirement. » Read More
According to the Office of Inspector General (OIG), the government’s primary civil tool for addressing health care fraud is the False Claims Act (FCA). Most FCA cases are resolved through settlement agreements in which the government alleges fraudulent conduct and the settling parties do not admit liability. » Read More
The Centers for Medicare & Medicaid Services (CMS) released new data showing that it made a $313 million gain from the Medicare Shared Savings Program in 2017. The 472 Medicare Accountable Care Organizations (ACOs) collectively generated savings of $1 billion and CMS paid $780 million in bonuses to the ACOs.» Read More
Did you know that any patient, colleague, pharmacist, or hospital can file a complaint against a physician at any time? No matter what the complaint may be, the state medical board is required to start a preliminary investigation, at the very least.» Read More
I recently wrote the article “Artificial Intelligence in Medicine – Legal Concerns” for the Onondaga County Medical Society Bulletin. The article discusses the role Artificial Intelligence (“AI”) plays in modern medicine and the legal concerns associated with it. To read the article, please click here.» Read More
On Friday, June 1, 2018, Governor Murphy signed into law the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act, to take effect Thursday, August 30. The bill is intended to protect patients from surprise out-of-network medical bills.
Click here to read our alert to learn how this new Act will affect patients, insurance carriers, and health care providers.» Read More
The Office of Inspector General (OIG) recently posted a video entitled “Eye on Oversight Video: Corporate Integrity Agreements” that describes how providers accused of false claims or other health care fraud may settle their cases by entering into a Corporate Integrity Agreement (CIA) with the OIG. » Read More
The Office of the Medicaid Inspector General (“OMIG”) has released its Work Plan for the next Fiscal Year, which encompasses April 1, 2018, through March 31, 2019. The stated mission of the OMIG, an independent entity created within the New York State Department of Health, is to detect and prevent fraudulent practices within the Medicaid system and recover funds deemed improperly paid to health care providers. » Read More
David N. Vozza, a Member of law firm Norris McLaughlin, P.A., recently wrote an article for the Onondaga County Medical Society Bulletin‘s “The Legal Treatment” section.“Medical Practices in the New Age of Sexual Harassment and #MeToo” discusses the hot topic of sexual harassment in the workplace, which does not exclude medical practices, and its applicable laws, legal definition, employer liability, retaliation, and best practices in anti-harassment policies and training.» Read More