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Showing 2 posts in Department of Health and Human Services.

OCR Settles First Case in HIPAA Right of Access Initiative

On September 9, 2019 the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services announced its first enforcement action and settlement of its Right of Access Initiative. This follows an OCR announcement earlier this year of its intention to vigorously enforce patients' rights to promptly receive copies of their medical records, without being overcharged. More ›

Sixth Circuit Applies Escobar Ruling in Decision to Resuscitate False Claims Act Case

The United States Court of Appeals for the Sixth Circuit recently resuscitated a qui tam action under the False Claims Act (FCA), and, in so doing, held that the relator had properly alleged materiality under the U.S. Supreme Court's decision in Universal Health Services Inc. v. United States ex rel. Escobar, 136 S. Ct. 1989, 2002 (2016). The Sixth Circuit's decision, U.S. ex rel. Prather v. Brookdale Senior Living Communities, Inc., 892 F.3d 22 (6th Cir. June 11, 2018) addressed a relator's claims under the FCA. The FCA imposes civil liability on those who defraud the federal government by levying fines and penalties, including up to three times the government's damages. Private persons called relators file lawsuits or qui tam actions for violations of the FCA on behalf of the government. More ›

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