Bloomberg Law introduced Health Care Fraud Analytics, a tool designed to help legal professionals understand trends in
health care fraud enforcement, gain context and mitigate risk.
Not exact matches
Recent advances in data analysis technology have given federal controllers, such as the
Health Care Fraud Prevention and
Enforcement Action Team, new and effective weapons in the fight against
fraud, Czarnecki says.
In addition, Mr. Cloherty represents businesses and individuals in
enforcement matters and government investigations stemming from
health care, securities, and mail and bank
fraud allegations.
With extensive knowledge in a variety of white collar defense matters, and an emphasis on
health care and securities
enforcement, Mateja joins the firm's national White Collar Defense & Government Investigations Practice Group, and will also focus heavily on
health care fraud and abuse matters.
Health Law Diagnosis reports and examines issues across a broad array of topics, including fraud and abuse, government enforcement, Medicare and Medicaid, reimbursement, hospitals and health systems, pharmaceuticals, medical devices, and other important areas for the health care and life sciences indus
Health Law Diagnosis reports and examines issues across a broad array of topics, including
fraud and abuse, government
enforcement, Medicare and Medicaid, reimbursement, hospitals and
health systems, pharmaceuticals, medical devices, and other important areas for the health care and life sciences indus
health systems, pharmaceuticals, medical devices, and other important areas for the
health care and life sciences indus
health care and life sciences industries.
From
health care transactions and regulatory counseling to
fraud and abuse investigations, from the defense of government
enforcement actions to political advocacy and lobbying, Bryan Cave provides comprehensive and robust solutions to complicated and challenging
health care matters.
The commenters identified particular factors that could lead to confusion, including that (1) the phrase «criminal, civil, or administrative proceeding» appeared in the definitions of both law
enforcement Start Printed Page 82673and oversight; (2) the examples of oversight agencies listed in the preamble included a number of organizations that also conduct law
enforcement activities; (3) the NPRM addressed the issue of disclosures to investigate
health care fraud in the law
enforcement section (§ 164.510 (f)(5)-RRB-, yet
health care fraud investigations are central to the mission of some
health care oversight agencies; (4) the NPRM established more stringent rules for disclosure of protected
health information pursuant to an administrative subpoena issued for law
enforcement than for disclosure pursuant to an oversight agency's administrative subpoena; and (5) the preamble, but not the NPRM regulation text, indicated that agencies conducting both oversight and law
enforcement activities would be subject to the oversight requirements when conducting oversight activities.
Because we consider both of these activities to be critical national priorities, we do not require covered entities to obtain authorization for disclosure of protected
health information to law
enforcement or
health oversight agencies — including those oversight activities related to
health care fraud.
To clarify further that
health oversight disclosure rules apply generally in
health care fraud investigations (subject to the exception described above), in the final rule, we eliminate proposed § 164.510 (f)(5)(i), which would have established requirements for disclosure related to
health fraud for law
enforcement purposes.
We believe that investigations involving
health care fraud represent
health oversight rather than law
enforcement.
In such cases, where the individual is the subject of the investigation and the investigation does not relate to
health care fraud, identified as investigations regarding issues (a) through (c), the rules regarding disclosure for law
enforcement purposes (see § 164.512 (f)-RRB- apply.
Specifically, this overlap occurred because: (1) The NPRM preamble, but not the NPRM regulation text, indicated that agencies conducting both oversight and law
enforcement activities would be subject to the oversight requirements when conducting oversight activities; and (2) the NPRM addressed some disclosures for investigations of
health care fraud in the law
enforcement paragraph (proposed § 164.510 (f)(5)(i)-RRB-, while
health care fraud investigations are central to the purpose of
health care oversight agencies (covered under proposed § 164.510 (c)-RRB-.
To clarify further that
health oversight disclosure rules apply generally in
health care fraud investigations (subject to the exception described above), in the final rule, we eliminate proposed § 164.510 (f)(5)(i), which would have established requirements for disclosure related to
health care fraud for law
enforcement purposes.
Response: As described above, we clarify the overlap between law
enforcement disclosures and
health oversight disclosures based on the privacy and liberty interests of the individual (whether the individual also is the subject of the official inquiry) and the nature of the public interest (whether the inquiry relates to
health care fraud or to another potential violation of law).
Accordingly, under the final rule, in joint law
enforcement / oversight investigations involving suspected
health care fraud, the
health oversight disclosures apply, even if the individual also is the subject of the investigation.
In the final rule, we include the following as additional examples of
health oversight activities: (1) The U.S. Department of Justice's civil rights enforcement activities, and in particular, enforcement of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997 - 1997j) and the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), as well as the EEOC's civil rights enforcement activities under titles I and V of the ADA; (2) the FDA's oversight of food, drugs, biologics, devices, and other products pursuant to the Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and the Public Health Service Act (42 U.S.C. 201 et seq.); and (3) data analysis — performed by a public agency or by a person or entity acting under grant of authority from or under contract with a public agency — to detect health care
health oversight activities: (1) The U.S. Department of Justice's civil rights
enforcement activities, and in particular,
enforcement of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997 - 1997j) and the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), as well as the EEOC's civil rights
enforcement activities under titles I and V of the ADA; (2) the FDA's oversight of food, drugs, biologics, devices, and other products pursuant to the Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and the Public
Health Service Act (42 U.S.C. 201 et seq.); and (3) data analysis — performed by a public agency or by a person or entity acting under grant of authority from or under contract with a public agency — to detect health care
Health Service Act (42 U.S.C. 201 et seq.); and (3) data analysis — performed by a public agency or by a person or entity acting under grant of authority from or under contract with a public agency — to detect
health care
health care fraud.
We eliminate proposed § 164.510 (f)(5)(i) regarding
health care fraud from the law
enforcement section, because all disclosures that would have been allowed under that provision are allowed under § 164.512 (d) of the final rule (
health oversight).