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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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DOJ Cooperation Credit Guidance: What is the Benefit of Cooperation?

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 . While the guidance explains how the DOJ can award cooperation credit to corp...
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THE DEPARTMENT OF JUSTICE IN APRIL 2019 UPDATED GUIDANCE FOR EVALUATING CORPORATE COMPLIANCE PROGRAMS. HOW DOES YOUR ORGANIZATION RESPOND TO THE THREE FUNDAMENTAL COMPLIANCE QUESTIONS?

The "Principles of Federal Prosecution of Business Organizations" in the U.S. Department of Justice (DOJ) Justice Manual describe specific factors that prosecutors should consider in conducting an investigation of a corporation, determining whether to bring charges, and negotiating plea or other agreements. Additionally, the United States Sentencin...
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2018 All-Time Record Year for HIPAA Enforcement

The Office of Civil Rights recently reminded us of the importance of HIPAA privacy and the cost of neglect. In a February 7, 2019, posting the Office for Civil Rights (OCR) concluded an all-time record year in HIPAA enforcement activity. OCR also recently issued a Report to Congress detailing the frequency of types of breaches. See Report to Congre...
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Medicare Compliance Journal

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