HHS Issues Proposed Rule Implementing ACA Civil Rights Protections

By | Health Law Pulse | September 4, 2015
HHS Issues Proposed Rule Implementing ACA Civil Rights Protections

Today, the Department of Health and Human Services (“HHS”) issued a long-awaited proposed rule implementing Section 1557 of the Affordable Care Act (“ACA”), which makes clear that the ACA’s extension of civil rights protections against sex discrimination in health programs and activities includes discrimination based on sexual orientation and gender identity.

Recap of the OCR/NIST Conference On Safeguarding Health Information

By | HL Chronicle of Data Protection | September 4, 2015
Recap of the OCR/NIST Conference On Safeguarding Health Information

Government officials and experts from the private sector discussed enabling precision medicine and efforts to bolster patients’ rights to access medical records, and also emphasized the importance of controlling access to protected health information (PHI) at the eighth annual “Safeguarding Health Information: Building Assurance Through HIPAA Security.”

Are FCA Retaliation Claims Against Supervisors, Executives Viable?

By | Health Care Law Today | September 1, 2015
Are FCA Retaliation Claims Against Supervisors, Executives Viable?

When the False Claims Act (FCA) retaliation provision was amended in 2009, the amendment was not explicit as to whether plaintiffs could only recover for retaliation claims against companies, or whether plaintiffs also could bring successful retaliation claims against the individuals within the company alleged to have retaliated, such as supervisors or executives.