Tag Archives: Department of Health and Human Services

HHS Releases Health Care Industry Cybersecurity Task Force Report

This week, the Department of Health and Human Services (HHS) issued its “Report on Improving Cybersecurity in the Health Care Industry,” which is the culmination of a year-long effort on behalf of the Cybersecurity Task Force, made up of industry professionals from the public and private sectors to identify and develop recommendations “on the growing challenge of cyber-attacks targeting health care.”…

New Anti-Kickback Safe Harbors and Exceptions to CMP Law

On December 7, 2016, the Department of Health and Human Services Office of Inspector General (OIG) issued a long-awaited final rule establishing new Anti-Kickback Statute (AKS) safe harbor protections and codifying regulatory exceptions to the Civil Monetary Penalties Law (CMP).

Local Transportation Safe Harbor

This safe harbor protects local transportation made available by an “Eligible Entity” as long as the following conditions are met.  An “Eligible Entity” is any individual or entity, except for individuals or entities (or family members or others acting on their behalf) that primarily supply health

FY2105 Saw an Increase in Medicaid-Related Convictions and Decrease in Civil Settlements

On September 13, 2016, the Department of Health and Human Services (HHS) published its Medicaid Fraud Control Units Fiscal Year 2015 Annual Report (Report).  Medicaid Fraud Control Units (MFCUs) operate in 49 states and the District of Columbia. Typically part of the state-level Attorney General’s offices, the MFCUs investigate and prosecute Medicaid provider fraud as well as patient abuse and neglect. The Report found that in FY 2015, there were 1,553 reported convictions, seventy-one percent of which involved fraud. In addition, 731 civil settlements were entered into.…

OIG’s 2016 Report on Provider-Based Facilities

On June 16, 2016, the Office of Inspector General (OIG), Department of Health and Human Services, issued a report on the Centers for Medicare & Medicaid Services’ (CMS) oversight of provider-based facilities.  In the report, the OIG concluded that although CMS is taking steps to improve its oversight, vulnerabilities nevertheless remain.

As part of its Bipartisan Budget Act of 2015, Congress had eliminated provider-based status for new off-campus outpatient departments of a provider. The Centers for Medicare & Medicaid Services’ (CMS) provider-based rules currently allow a hospital or health system …

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