Modernizing Medicine Agrees to Pay $45 Million to Resolve Allegations of Accepting and Paying Illegal Kickbacks and Causing False Claims
November 12 2022
Posted in: EHR Fraud
Tuesday, November 1, 2022 Modernizing Medicine Inc. (ModMed), an electronic health record (EHR) technology vendor located in Boca Raton, Florida, has agreed to pay $45 million to resolve allegations that it violated the False Claims Act (FCA) by accepting and providing unlawful remuneration in exchange for referrals and by causing its users to report inaccurate information in connection with claims for federal incentive payments. The Anti-Kickback Statute prohibits anyone from offering or paying, directly or indirectly, any remuneration — which includes money or any other thing of value — to induce referrals of items or services covered by Medicare, ...read more
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Indian National Charged in $8 Million COVID-19 Relief Fraud Scheme
November 12 2022
Posted in: PPP Fraud
Wednesday, November 9, 2022 A federal grand jury in Newark, New Jersey, returned an indictment today charging an Indian national for fraudulently obtaining millions of dollars in Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. According to court documents, Abhishek Krishnan, 40, previously resided in Wake County, North Carolina, before returning to his home country of India. After returning to India, Krishnan allegedly submitted numerous fraudulent PPP loan applications to federally insured banks, including on behalf of purported companies that were not registered business entities. ...read more
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Former Hospital Employee Pleads Guilty To Criminal HIPPA Charges
November 12 2022
Posted in: HIPAA Enforcement
 TYLER, Texas — U.S. Attorney John M. Bales announced today that a former employee of an East Texas hospital has pleaded guilty to criminal HIPAA charges in the Eastern District of Texas. Joshua Hippler, 30, formerly of Longview, Texas, was indicted on March 26, 2014, on charges of Wrongful Disclosure of Individually Identifiable Health Information.  Hippler pleaded guilty on August 28, 2014 during a hearing before United States Magistrate Judge John D. Love.  The indictment alleged that from December 1, 2012, through January 14, 2013, Hippler, who was then an employee of a covered entity under HIPAA, obtained protected ...read more
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Covered entities and those persons rendered accountable by general principles of corporate criminal liability may be prosecuted directly under 42 U.S.C. § 1320d-6
November 12 2022
Posted in: Covered Entity
SCOPE OF CRIMINAL ENFORCEMENT UNDER 42 U.S.C. § 1320d-6 Covered entities and those persons rendered accountable by general principles of corporate criminal liability may be prosecuted directly under 42 U.S.C. § 1320d-6, and the knowingly element of the offense set forth in that provision requires only proof of knowledge of the facts that constitute the offense. MEMORANDUM OPINION FOR THE GENERAL COUNSEL DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE SENIOR COUNSEL TO THE DEPUTY ATTORNEY GENERAL You have asked jointly for our opinion concerning the scope of 42 U.S.C. § 1320d-6 (2000), the criminal enforcement provision of the ...read more
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The Delaware Division of Developmental Disabilities Services Data Breach
November 12 2022
Posted in: Data Breach
DOVER (Oct. 21, 2022) – The Delaware Division of Developmental Disabilities Services is announcing today that it is mailing letters to service recipients and legal guardians who were impacted by a recent data breach incident and is providing information to the public regarding the incident. On August 23, 2022, staff within the Division of Developmental Disabilities Services (DDDS) discovered that in the process of creating new user accounts in the division’s client database, DDDS staff inadvertently provided access to individual records of 7074 individuals. As a result of these actions, 159 new users had potential access to service recipients’ ...read more
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OCR Settles Three Cases with Dental Practices for Patient Right of Access under HIPAA
November 12 2022
Posted in: HIPAA Enforcement
Enforcement Actions Ensure Patients Receive Timely Access to their Records, at a Reasonable Cost Today, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the resolution of three investigations concerning potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule's patient right of access provision. These cases are part of a collective effort, bringing the total 41 cases, to drive compliance on right of access under the law. “These three right of access actions send an important message to dental practices of all sizes that are covered by the HIPAA ...read more
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HHS Issues Guidance on HIPAA and Audio-Only Telehealth
November 12 2022
Posted in: Telehealth
HHS Issues Guidance on HIPAA and Audio-Only Telehealth Today, the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), is issuing guidance on how covered health care providers and health plans can use remote communication technologies to provide audio-only telehealth services when such communications are conducted in a manner that is consistent with the applicable requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Breach Notification Rules, including when OCR’s Notification of Enforcement Discretion for Telehealth - PDF is no longer in effect. This guidance will help individuals ...read more
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Five Former Methodist Hospital Employees Charged with HIPAA Violations
November 12 2022
Posted in: HIPAA Enforcement
Thursday, November 10, 2022 Five Former Methodist Hospital Employees Charged with HIPAA Violations Memphis, TN – A federal grand jury has indicted five former Methodist Hospital Employees for conspiring with Roderick Harvey, 40, to unlawfully disclose patient information in violation of the Health Insurance Portability and Accountability Act of 1996, commonly known as “HIPAA.” United States Attorney Kevin G. Ritz announced the indictment today. HIPAA was enacted by Congress in 1996 to create national standards to protect sensitive patient information from being disclosed without a patient’s knowledge or consent. HIPAA’s provisions make it a crime to disclose patient information, ...read more
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May a covered entity use or disclose protected health information for litigation?
November 12 2022
Posted in: Covered Entity
May a covered entity use or disclose protected health information for litigation? Answer: A covered entity may use or disclose protected health information as permitted or required by the Privacy Rule, see 45 CFR 164.502(a) (PDF); and, subject to certain conditions the Rule typically permits uses and disclosures for litigation, whether for judicial or administrative proceedings, under particular provisions for judicial and administrative proceedings set forth at 45 CFR 164.512(e) (GPO), or as part of the covered entity’s health care operations, 45 CFR 164.506(a) (PDF). Depending on the context, a covered entity’s use or disclosure of protected health information in ...read more
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Newest Blog Entries
11/12/22 Modernizing Medicine Agrees to Pay $45 Million to Resolve Allegations of Accepting and Paying Illegal Kickbacks and Causing False Claims

11/12/22 Indian National Charged in $8 Million COVID-19 Relief Fraud Scheme

11/12/22 Former Hospital Employee Pleads Guilty To Criminal HIPPA Charges

11/12/22 Covered entities and those persons rendered accountable by general principles of corporate criminal liability may be prosecuted directly under 42 U.S.C. § 1320d-6

11/12/22 The Delaware Division of Developmental Disabilities Services Data Breach

11/12/22 OCR Settles Three Cases with Dental Practices for Patient Right of Access under HIPAA

11/12/22 HHS Issues Guidance on HIPAA and Audio-Only Telehealth

11/12/22 Five Former Methodist Hospital Employees Charged with HIPAA Violations

11/12/22 May a covered entity use or disclose protected health information for litigation?

11/12/22 When does the Privacy Rule allow covered entities to disclose protected health information to law enforcement officials?

11/12/22 Must a covered entity inform individuals in advance of any fees that may be charged when the individuals request a copy of their PHI?

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November 2022 (54)

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PPP Fraud (1)
Telehealth (1)
BAA (3)
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Data Breach (1)
EHR Fraud (1)
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Covered Entity (40)
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