
As 2020 comes to a close, three items related to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH Act”) emerged.

Rachel V. Rose, JD, MBA, advises clients on compliance, transactions, government administrative actions, and litigation involving healthcare, cybersecurity, corporate and securities law, as well as False Claims Act and Dodd-Frank whistleblower cases. She also teaches bioethics at Baylor College of Medicine in Houston. Rachel can be reached through her website, www.rvrose.com.

As 2020 comes to a close, three items related to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH Act”) emerged.

This is Part III in this series and the focus is on the cybersecurity donation Anti-Kickback Statute (“AKS”) safe harbor and Stark Law exception.

In addition to focusing on value-based care, the Stark Law and Anti-kickback Statute (AKS) Final Rules alter several decades of safeguards, as long as certain parameters are met. This is Part II of a three-part series.

Stark and AKS Final Rules focus on value-based care. This is Part I of a three-part series.

2020 has brought on new stressors in every facet of life. Perhaps Thanksgiving can offer a time to reset.

Warnings from government agencies and experts, coupled with recent HHS-OCR settlements, place HIPAA and cybersecurity compliance at the top of one’s “to do” list.

Being small does not equate to being disadvantaged. Here’s how solo providers and small group practice are benefitting during the pandemic.

A trifecta of healthcare cybersecurity issues should cause healthcare industry participants to assess their current environments.

More than 500 individuals affected; five new enforecement actions published.

Two hot-topic developments in cybersecurity and government procurement.

Teleworking and telehealth have opened more doors for cybercriminals due to a lack of technical, administrative, and physical safeguards.

HIPAA settlement and new guidelines shed light on government enforcement policies.

Stay vigilant about schemes and submissions of false claims.

Two recent cases, one settled and one just filed, are illustrative of the effects of class actions, which are filed in relation to an underlying data breach involving PHI.

Two recently unveiled cases provide a glimpse into areas physicians and providers should be evaluating for continued compliance.

The best way to mitigate risk is to call a MAC, read the laws, and the telehealth waivers over COVID-19.

Consider vulnerabilities that can be exploited remotely and the level of skil required to execute exploitation.

It’s imperative to ensure ADCs maintain the confidentiality, availability, and integrity of protected health information.

Think before providing false or fraudulent documentation.

Do not overlook these new additions.

Can a ransomware attack result in a patient’s death?

Social justice can only be achieved in relation to the Coronavirus when people are realistic and do what is right for the good of society.

What organizations and physicians need to know.

Government and Relators consider the substance of the form and will go after third parties that are used as conduits to perpetuate a crime or a fraud.

Proper understanding can lead to fewer headaches and litigation.

Woman indicted for violating ERKA, making false statements, and tampering with records.

Compliance with HIPAA and state laws has never been more important.

Implement these security measures to prevent the malware and ransomeware attacks.

Why practices must provide patients with their records-or face the consequences.

As the year ends, this latest HIPAA settlements serve as a reminder of what should be included in 2020’s resolutions.