Shield Act vs. HIPAA - Contrasts and Comparisons Thursday, November 21, 2019 The Shield Act imposes new security and breach notification requirements on New York employers and businesses doing business in New York. I previously blogged on the central tenets of this law. Read more
HHS Updates It's HIPAA Securty Risk Assessment Tool Saturday, November 16, 2019 The federal government in general, and HHS in particular, is regularly, and often rightly, criticized for vague and unclear guidance on critical health care regulations. HHS, however, has excelled at regularly providing clear, concise and practical data security guidance for health care organizations. HHS continues this approach with another installment of cyber security. Read more
Word Of Caution To HIPAA Hybrid Covered Entities: NYS Shield Act Amends NYS Breach Notification Law, Adds Data Security Requirements, Imposes Data Security Obligations For Hybrid Covered Entities Thursday, November 14, 2019 On July 25, 2019, New York Governor Andrew Cuomo signed the Stop Hacks and Improve Electronic Data Security Act (the "SHIELD Act"), making key changes to New York's data breach notification and cybersecurity laws. Read more
Fair Market Value and Anti-Kickback Statute Considerations for Physician Lease Arrangements Wednesday, October 16, 2019 In a recent ruling from the U.S. Court of Appeals Eleventh Circuit, a whistleblower suit was decided in favor of the defendant because the relator failed to prove a lack of fair market value consistent with Federal Civil Rule 9(b) particularity requirements. Read more
DOJ Cooperation Credit Guidance: What is the Benefit of Cooperation? Monday, May 20, 2019 The U.S. Department of Justice (DOJ) issued policy guidance on May 6, 2019, about providing credit in False Claims Act (FCA) settlements to corporations for "disclosure, cooperation, and remediation." See https://www.justice.gov/jm/jm-4-4000-commercial-litigation#4-4.112. Read more