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IT’S A WRAP: FINALIZING THE 2019 COMPLIANCE YEAR

As the end of the year rapidly approaches, many people use lists to make sure they accomplish all their tasks.Below is a list a compliance officer may want to check one last time. For Medicaid providers in New York State, prepare to do your annual compliance certification. You must certify if you expect to order at least $500,000 in Medicaid servic...
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SHIELD ACT VS. HIPAA - CONTRASTS AND COMPARISONS

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. See https://www.trusiaklaw.com/blog/a-word-of-caution-to-hipaa-hybrid-covered-entities-new-york-s-shield-act-amends-nys-breach-notification-law-adds-data-se...
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HHS UPDATES ITS HIPAA SECURITY RISK ASSESSMENT TOOL

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 instal...
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A WORD OF CAUTION TO HIPAA HYBRID COVERED ENTITIES: NEW YORK’S SHIELD ACT AMENDS NYS BREACH NOTIFICATION LAW, ADDS DATA SECURITY REQUIREMENTS, AND IMPOSES DATA SECURITY OBLIGATIONS FOR HYBRID COVERED ENTITIES

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. Changes to the existing data breach notification law (General Business Law, Article 39-F, Section 899-aa) will be effective October 23, ...
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Fair Market Value and Anti-Kickback Statute considerations for Physician Lease Arrangements

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. Bingham v. HCA, Inc. Case No. 1:13-cv-23671 (11 th Cir.2019) was initially filed in 2014. T...
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