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22 Aug 2016, 6:48 pm
Lincare, Inc. 428 F.3d 1008, 1014 (11th Cir. 2005), Judge Williams pointed out that "a relator's pleading is insufficient if he 'provided the who, what, where, when, and how of improper practices, but he failed to allege the who, what, where, when, and how of fraudulent submissions to the government.'" In short, Rule 9(b) required the Relator to "link" the fraudulent activities she alleged "to claims submitted" by the defendants or… [read post]
1 Mar 2016, 1:36 pm
Consider breaches involving relatively few records, but considerable regulatory fines, like the recent Lincare, Inc. breach involving less than 300 records but resulting in a $239,000 fine (though admittedly not an electronic data breach). [read post]
27 Dec 2015, 6:23 pm
Lincare, Inc., December 22, 2015, Holmes.). [read post]
6 Aug 2015, 10:10 pm
Lincare, Inc. (2009) 173 Cal.App.4th 508). [read post]
29 Sep 2022, 5:56 pm
Lincare Holdings, Inc., 857 F.3d 1148, 1155 (11th Cir. 2017). [read post]
16 Feb 2015, 3:44 am
Lincare, Inc., M.D. [read post]
3 Mar 2016, 3:24 pm
The ALJ stated that the materials were stolen was “just as damaging—perhaps even more damaging—than the OCR version of events” because Lincare was required to take steps to protect the PHI. [read post]
9 Mar 2016, 5:06 pm
See OCR’s 2nd-Ever HIPAA CMP Nails Lincare For $239,000. [read post]
9 Mar 2016, 5:06 pm
See OCR’s 2nd-Ever HIPAA CMP Nails Lincare For $239,000. [read post]
22 Mar 2016, 6:57 am
Employer and union sponsored health plans, their sponsors, fiduciaries, and business associates should brace for audits and enforcement of the Privacy, Security, and Breach Notification rules by the Department of Health & Human Service Office of Civil Rights (OCR) follow OCR’s 2016 audit program on the heels of its announcement last week of two large HIPAA settlements last week. [read post]
15 Feb 2019, 9:14 am
Lincare, Inc., 236 F.Supp.3d (E.D.Cal. 2017) the court held that reporting time pay only applies when employees “were required to physically report to work and not to when they performed work via telephone. [read post]
19 May 2023, 12:41 pm
Lincare Holdings, 857 F.3d 1148 (11th Cir. 2017), where relators alleged diabetic testing suppliers submitted claims to Medicare without adequate authorization from beneficiaries, the Eleventh Circuit held that scienter “can exist even if a defendant’s interpretation is reasonable. [read post]
22 Mar 2016, 6:57 am
Employer and union sponsored health plans, their sponsors, fiduciaries, and business associates should brace for audits and enforcement of the Privacy, Security, and Breach Notification rules by the Department of Health & Human Service Office of Civil Rights (OCR) follow OCR’s 2016 audit program on the heels of its announcement last week of two large HIPAA settlements last week. [read post]
26 May 2016, 12:05 pm
Health plans and health insurers, health care providers, healthcare clearinghouses (Covered Entities) and their business associates should verify that their copying charges and other policies and practices for responding to requests of individuals for copies and other access to protected health information (PHI) comply with the Privacy and Security Rules (Privacy Rule) of the Health Insurance Portability & Accountability Act of 1996 (HIPAA) as construed in a new Frequently Asked Question (FAQ… [read post]
28 Jul 2016, 2:30 pm
Employers, insurers and other health plan sponsors or issuers (health plans), health care providers, healthcare clearinghouses (covered entities) and their business associates should reevaluate the adequacy of their practices and procedures for the protection of electronic protected health information (ePHI) on or accessible through laptops or other mobile devices in light of the $2.75 million penalty and other schooling the Department of Health and Human Services Office for Civil Rights (OCR) just… [read post]
16 Oct 2018, 3:55 pm
Health plans, their employer and other sponsors and fiduciaries, health insurers, health care providers, health care clearinghouses and their business associates should study and learn from the just announced, record-setting $16 million resolution agreement between health insurance giant, Anthem, Inc., to resolve Department of Health & Human Services Office of Civil Rights (OCR) charges that Anthem, Inc. [read post]
15 Oct 2008, 9:03 pm
Lincare, Inc., 428 F.3d 1008, 1012 (11th Cir. 2005)). [read post]
17 Oct 2018, 4:19 pm
Following on the heels of Monday’s announcement that Anthem, Inc. is paying a record setting $16 million to resolve charges its violations of the enterprise risk assessment and other requirements of the Health Insurance Portability & Accountability Act (HIPAA) Security Rule allowed cybercriminals to breach the electronic protected health information (ePHI) of more than 79 million patients, physicians and other health care providers, health plans and health insurers, health care… [read post]
