Masked Man Robs Government; Faces 10 Years

The mask itself didn’t raise any suspicions.  After all, the man wearing it—Richard Toussaint--was an anesthesiologist.  But like so many other masked men, he turned out to be a thief.  That’s why on March 4 he was convicted in a Texas federal court on seven counts of health care fraud totaling about $10 …

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Health Facilities May Be Insuring Doctors without Knowing It

A September 29 ruling by the New Jersey Supreme Court effectively makes a health facility liable for the professional negligence of a medical staff member who doesn’t have malpractice insurance or who has insurance that doesn’t cover the acts in question. Dr. Kaul performed a spinal fusion on Jim Jarrell at …

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Fitbit Agrees to Sign Business Associate Agreements and Take on HIPAA Compliance

Is your Fitbit data covered by HIPAA?  It depends upon where you got it (kind of).  If you go to the store and pick up a Fitbit on your own, the data it generates is governed by the user agreement that you click through (which I’m sure everyone read carefully).  If your health plan or employer, through its …

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Third Cir. Holds Hospitals May Sue Health Insurers Directly

Before September 11 the Third Circuit Court of Appeals had been out of step with its sister federal circuits when it came to the right of hospitals, physicians and other health providers to sue health insurers that failed to cover patient obligations. So back in 2014 when North Jersey Brain & Spine Center …

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Office for Civil Rights Selects Vendor for Next Round of HIPAA Audits – Five Things You Should Do to Prepare

The Office for Civil Rights (“OCR”) has selected Ashburn, Virginia-based FCi Federal to conduct the next round of HIPAA audits mandated by the HITECH Act.  OCR views the audits as a compliance tool that will hopefully get out in front of industry problems before they happen. This round is different than …

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When Is a Hospital Not a Hospital?

When is a hospital not a hospital?  The Fifth Circuit provided an answer in a July 29 decision in favor of a nurse seeking insurance coverage for medical treatment at a residential treatment facility. Rebecca was a nurse at North Cypress Medical Center, in Texas.  Back in 2011 she was treated for an eating …

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