Jun 21 2017

The OIG Estimates Hundreds of Millions in EHR Incentive Overpayments

Between May 2011 and June 2014, the Centers for Medicare and Medicaid Services (CMS) made approximately $6 billion in incentive payments to promote the use of electronic health record (EHR) technology.  But a recent review by the U.S. Department for Health and Human Services Office of Inspector General (the OIG) estimates that $729 million of these incentive payments were made to providers who did not comply with the mandated program requirements and recommends that CMS attempt to recoup those incorrect payments.

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May 11 2017

Improper Press Release Leads to $2.4 Million Settlement

This week the U.S. Department for Health and Human Services Office for Civil Rights (OCR) ensconced a settlement for the impermissible disclosure of a patient’s protected health information (PHI) without the patient’s authorization. The covered entity, a not-for-profit health system located in southeast Texas, must pay $2.4 million and begin implementation of a corrective action plan that involves OCR scrutiny of its HIPAA Privacy Rule compliance.

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May 02 2017

Attorney General Sessions Affirms FCPA Enforcement and Individual Accountability for Corporate Fraud

In a speech given last week, Attorney General Jeff Sessions affirmed that the Department of Justice (DOJ) would continue to vigorously enforce the nation’s anti-fraud laws, including the Foreign Corrupt Practices Act (FCPA). Despite pre-election comments by the President that he disapproved of the law, Attorney General Sessions stated that DOJ will continue to prosecute corporate fraud and acknowledged “one area where this is critical is enforcement of the Foreign Corrupt Practices Act.” The Attorney General further reinforced that DOJ will seek to hold individuals accountable for corporate wrong-doing. Former Deputy Attorney Sally Yates announced this policy in 2015 in what is commonly referred to as the “Yates Memo.” After Yates was fired earlier this year, some questioned the longevity of the policy. However, Attorney General Sessions stated: “The Department of Justice will continue to emphasize the importance of holding individuals accountable for corporate misconduct.” Finally, Attorney General Sessions re-emphasized the importance of corporate compliance programs by affirming that DOJ would continue to look favorably on those corporations that have good compliance programs, cooperate during government investigations, self-disclose wrong-doing, and take steps to remediate identified problems.

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