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HHS Publishes Long-Awaited Stark Law and Anti-Kickback Statute Rules

Dec 1, 2020 | Health Care, Medicare and Medicaid

On November 20, 2020, the Centers for Medicare & Medicaid Services (CMS) published a draft of its final rule regarding Medicare’s physician self-referral law, colloquially known as the Stark Law.  On the same day, CMS also issued a press release and fact sheet...

COVID-19 Testing: Are Out-of-Network Providers Charging Too Much?

Nov 25, 2020 | COVID-19 Related Law

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, requires insurers to “provide coverage [for], and…not impose any cost-sharing (including deductibles, copayments, and coinsurance) requirements or prior authorization or other...

False Claims Act: Will the U.S. Supreme Court Define “Falsity”?

Nov 20, 2020 | False Claims Act, Fraud Investigations, Government Investigations, Medicare and Medicaid

The federal False Claims Act (FCA) imposes liability for treble damages and civil penalties on “any person who [among other things] … knowingly presents, or causes to be presented, a false or fraudulent claim for payment” to the federal government or who...

Special Fraud Alert: HHS Warns of Risks Associated With Speaker Programs

Nov 20, 2020 | Government Investigations

On November 16, 2020, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) released a Special Fraud Alert (“Alert”) highlighting the fraud and abuse risks associated with speaker programs.  The Alert confirms the government’s...

And Another One: Eleventh Settlement as HHS Continues to Prioritize HIPAA Right of Access Enforcement Against Large and Small Covered Entities

Nov 16, 2020 | HIPAA

The HIPAA Privacy Rule generally requires covered entities to provide individuals access to their “designated record sets” maintained by or for the covered entity, as defined by 45 C.F.R. § 164.501.  There are specific requirements to comply with the HIPAA Privacy...

Chicago Charter School Chain Pays $4.5 Million to Resolve False Claims Act Allegations

Nov 11, 2020 | False Claims Act, Fraud Investigations, Government Investigations

A chain of charter schools based in Chicago has agreed to pay a $4.5 million civil fine to close a federal corruption investigation that first came into public view in June 2014. In its statement announcing the settlement, the U.S. Department of Justice (DOJ) accused...

HHS Levies $25,000 Fine in Tenth HIPAA Right of Access Enforcement Action

Nov 11, 2020 | HIPAA

Over the past year, CG attorneys have alerted readers about the focus of U.S. Department of Health and Human Services’(HHS) Office of Civil Rights (OCR) on patient access to records in its “HIPAA Right of Access Initiative.”  Under this initiative, OCR announced at...

Recent Decision: Transfer to Georgia’s Statewide Business Court Requires Agreement of All Parties

Nov 11, 2020 | Business Litigation

The Business Court, Georgia’s first statewide in the past 114 years, opened on August 30, 2020. The Business Court is a specialized commercial court created to promote the efficient and predictable resolution of complex litigation. Although lauded as a way to provide...

Georgians Overwhelmingly Approve Constitutional Amendment Waiving Sovereign Immunity

Nov 11, 2020 | Administrative Law

Leading up to the recent elections, we explained the three constitutional amendments that Georgia voters would be asked to decide.  All three amendments passed.  In particular, nearly 80% of Georgia’s voters approved amending Georgia’s constitution to waive sovereign...

DOJ Announces Cryptocurrency Enforcement Framework

Nov 5, 2020 | Government Investigations

Although the advent of cryptocurrency has many advantages for an increasingly digital economy, it is not without its perils. The central features of cryptocurrency – decentralized operation and control and high degrees of anonymity – make the technology attractive to...
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