Contributed by: Lee Kim, Esq.

412.594.3915

The HITECH Breach Notification Rule requires covered entities to report an impermissible use or disclosure of protected health information, or a “breach,” of 500 individuals or more to HHS and the media.  Smaller breaches affecting less than 500 individuals must be reported to the secretary on an annual basis. 

The Commonwealth Fund published a recent report ranking 306 communities on 43 measures of health system performance. The title of the report is “Improving Health Care from the Ground Up” and can be accessed at www.commonwealthfund.org

I have attached the ranking of the Pittsburgh community and was somewhat surprised to see it ranking in the

In Edwards v. Geisinger Clinic the Third Circuit held that a health clinic’s statement to a physician and to immigration officials regarding a physician’s “at least three year” employment did not create an employment contract.

A physician took a job with a health clinic with the understanding that he must work at the clinic for

The Healthcare Fraud Prevention and Enforcement Action Team (HEAT) and the Office of Inspector General have posted a Toolkit consisting of a series of podcast training videos on the following subjects:

·       How to Use the Exclusions Database

·       How to Report Fraud to the OIG

·       OIG’s Self-Disclosure Protocol

·      

A Federal Court denied prevailing party attorneys’ fees to a hospital in a Health Care Quality Improvement Act (HCQIA) proceeding and allowed the hospital to design its own due process in Fox v. Good Samaritan Hospital.

The denial of the attorneys’ fees is basically based upon laches and estoppel theory, because the hospital waited

Contributed by: Lee Kim, Esq.

412.594.3915

CMS has released the notice of proposed rulemaking for meaningful use stage 2 and has provided an overview fact sheet outlining the differences from stage 1.

Link to NPRM:

http://www.ofr.gov/OFRUpload/OFRData/2012-04443_PI.pdf

Link to fact sheet:

https://www.cms.gov/apps/media/press/factsheet.asp?Counter=4286&intNumPerPage=10&checkDate=&checkKey=&srchType=1&numDays=3500&srchOpt=0&srchData=&keywordType=All&chkNewsType=6&intPage=&showAll=&pYear=&year=&desc=&cboOrder=date

The Health Care Compliance Association says that, “The CHC© is a professional with knowledge of relevant regulations and expertise in compliance processes sufficient to assist the health care industry to understand and address legal obligations, and promote organizational integrity through the operation of effective compliance programs.”

Michael Cassidy, chair of the Health Care

Section 6402(a) of the Affordable Care Act established a new Section 1123J(d) of the Social Security Act entitled “Reporting and Returning Overpayments.” This new provision requires a person who has received an overpayment to report and return the overpayment, and to provide written notification for the reason of the overpayment. On February 16, 2012, CMS published the

Congress approves measure averting 27 percent physician cut through 2012

A House-Senate Conference Committee tasked with identifying a compromise to avoid the pending 27.4 percent Medicare physician payment cut reached a 10-month deal that would maintain current physician payment rates through the end of the year. The measure was approved this afternoon by both