Compliancy Group will present a complimentary webinar on HIPAA compliance and how to deal with “Non- Business Associates.”

The 90-minute webinar will be Tuesday, July 14, beginning at 2 p.m. Eastern time.

HIPAA covered entities (including health care providers and health plans) and their business associates must be mindful of HIPAA compliance when working with other entities even when that other entity is not a business associate. Often, vendors have access to an organization’s premises or information systems which may result in incidental access to protected health information (PHI).

For example, a cleaning service may have access to a medical records room or an IT support vendor may have remote access to employee workstations. While such incidental access to PHI does not make the vendor a business associate, an organization must ensure that its PHI is protected and that it complies with HIPAA.

This webinar will address:

• Strategies for dealing with non-business associate vendors
• Best practices to protect your organization
• Development of policies and model contract language

Register for the webinar.

OnRamp has posted online a complimentary on-demand webinar discussing discuss the best practices for encrypting Electronic Protected Healthcare Information (ePHI) in a manner that exceeds HIPAA’s guidelines.

“Data breaches are growing in number in the healthcare industry, due in part to the increasing sophistication of hackers and the rising black-market cost of stolen medical records,” OnRamp says on its website. “Despite the levying of fines and penalties for breaches of Electronic Protected Healthcare Information (ePHI), businesses are still slow to effectively adopt one important IT practice: encryption.”

Topics include:

• Understanding HIPAA’s take on the topic of encryption
• Comparing the challenges of encrypting data in transit and at rest
• Using the National Institute of Standards and Technology (NIST) guidelines as a standard for encryption
• Best practices for accurately deploying and maintaining encryption

Watch the on-demand webinar.

A Delaware jury has determined that Boston Scientific Corp. must pay $100 million to a Delaware woman who blamed the company’s vaginal-mesh inserts for leaving her in constant pain, reports Bloomberg.

This case is the first verdict after the company agreed to begin settling cases over the devices, and the biggest yet.

Boston Scientific’s Pinnacle and Advantage Fit inserts, built to buttress sagging organs and treat incontinence in women, were defectively designed and company executives hid the flaws from Deborah Barba, the jury found.

Bloomberg says the 51-year-old former bank teller contends the inserts eroded once they were implanted, leaving her with a scarred vagina and a host of medical problems.

Read the story.

A judge has approved a $200 million settlement for victims of a deadly fungal meningitis outbreak in 2012, reports Michigan Radio.

A Massachusetts pharmacy called the New England Compounding Center was accused of making massive amounts of back pain shots in a dirty lab, according to the report.

The drugs were then shipped all over the country, allegedly sickening almost 1,000 people and killing 64.

Southfield, Mich., attorney Marc Lipton worked on the settlement.

Read the report.

An Ashland, Ky., hospital has agreed to pay $40.9 million to the federal government to settle claims that it made millions of dollars by falsely billing Medicaid and Medicare for unnecessary heart procedures, reports The Courier-Journal of Louisville.

The government’s lawsuit claimed King’s Daughters Medical Center “knew, deliberately ignored or recklessly disregarded the fact” that its cardiologists were inserting stents and performing catheritzations on patients who didn’t need them.

According to the paper’s report, “Hans Poppe, who represents the patients in the private suits against King’s Daughters — as well as most of about 400 who have sued the London hospital — said the settlement may be the largest ever in the U.S. involving unnecessary heart procedures. He said it bolsters the credibility of the claims made by his clients against King’s Daughters.”

Read the story.

Providence, R.I. law firm Mandell Schwartz & Boisclair won a $25.6 million verdict for a plaintiff who sued Rhode Island Hospital in the largest negligence verdict ever in the state.

The state’s largest hospital admitted that seven doctors and two nurses were negligent in caring for a patient who sought treatment in for a head injury in 2009. After his stay in the hospital, he left with permanent, debilitating injuries.

“The hospital conceded before trial that its staff misdiagnosed Carl Beauchamp, failed to check on him and do required exams, failed to communicate with other staff about his condition and missed signs that his condition was worsening during a span of less than 48 hours,” according to a report in The Providence Journal.

Read the story.

DaVita HealthCare Partners has announced that it will pay up to $495 million to settle a whistle-blower lawsuit accusing the Denver company of defrauding the federal Medicare program of millions of dollars, reports The Denver Post.

According to the report, the company, which said it does not admit any wrongdoing, has now settled its third whistle-blower lawsuit since 2012, with payouts totaling nearly $1 billion.

The civil suit includes a claim by Dr. Alon J. Vainer and nurse Daniel D. Barbir, who both worked for DaVita. They said they noticed that DaVita was throwing out good medicine that it then billed Medicare and Medicaid for, according to the lawsuit.

L. Lin Wood of Atlanta represents the plaintiffs.

Read the story.

A federal appeals court has thrown out a lower court’s $40 million verdict in a case that pitted Hi-Tech Pharmaceuticals of Norcross, Ga., against the Federal Trade Commission over advertising for weight-loss supplements.

The 11th circuit ruled that the federal judge didn’t let Hi-Tech present the evidence they had to support their weight loss claims, including “several expert declaration that the representations were substantiated by ‘competent and reliable scientific evidence,'” according to the Eleventh Circuit.

In a release, Hi-Tech said the lower-court judge ruled early on in the litigation that Hi-Tech did not have double-blind, placebo trials to substantiate its advertising claims like “metabolic aid or thermogenic” and — only a Pharmaceutical Phase 1 clinical trial would do — which is estimated at more than $200 million for a weight loss product.

“This is a clean slate for the company,” said Atlanta King & Spalding attorney Merritt E. McAlister, who argued the case for Hi-Tech.

Read the release.

A Michigan jury on May 6 issued a $21 million verdict against a hospital accused of performing brain surgery on the wrong patient in 2012. The 81-year-old patient died after spending 60 days on life support, her lawyer told the jury.

The attorney for Bimla Nayyar’s family, Geoffrey Fieger, said the woman was hospitalized at the hospital in January 2012 with jaw joint problems.

“Oakwood Hospital claimed that it mistakenly thought that Mrs. Nayyar was bleeding in her brain and needed an immediate brain operation.” Fieger said in a release. “She was taken to the operating room where five holes were drilled into her head and the right side of her skull was sawed out. At that time, they realized that there was nothing wrong with her, but did not inform the family that they had operated on the wrong patient.”

Oakwood has been reported to be considering an appeal.

Read the release.

Employers in the health care industry often subcontract labor through outside vendors to fill positions like travel nurses, security guards, and janitors. But outside contractors may not be in compliance with federal and state employment laws, including wage-and-hour laws, points out a white paper published by Fisher & Phillips.

Because of the “joint-employment” doctrine, the health care facility employer may be on the hook for the contractor’s violations, David Amaya wrote in the paper. “Failure to acknowledge and address this possibility could result in surprise and unforeseen financial responsibility. It’s important to understand the issues raised by this legal rule and to have strategies at the ready to proactively address them.”

Read the white paper.

The Expert Institute will present a free webinar covering the standard of care in orthopedic spinal surgery.

The webinar will be Tuesday, April 21, at 1 p.m. Central time.

The expert presenting the webinar is a Board Certified Orthopedic Surgeon who was trained at New York University School of Medicine. He attained an advanced fellowship in spinal surgery from a top medical center in Wisconsin. Currently, he is an affiliated faculty member at a major regional healthcare center, as well as a clinical instructor at a top medical university.

Register for the webinar.

How many electronic devices used in your organization store electronic Protected Health Information (ePHI)? If you work in a healthcare setting, this is not easily answered. While there has been considerable attention paid to ePHI stored on computers and networked servers, and recent attention given to portable devices like tablets and cell phones, one class of ePHI bearing technology remains rather mysterious – medical devices.

The Compliancy Group will present a webinar that shines a light on medical device data storage and introduces ePHI breach risks in direct patient care, clinical lab, and medical imaging settings. A brief case study for each setting will be presented.

The free webinar will be Tuesday, April 21, 2-3:30 p.m. Eastern time.

The presenter will beRay Davey, Chief Technology Officer for Maxxum, Inc., a technology asset disposition company near Minneapolis, MN. His career includes working for technology product and service companies like Hewlett-Packard, EDS, Cap Gemini, and others. As Maxxum’s CTO, his primary focus is helping clients manage risk associated with data bearing technology assets scheduled to exit their organizations.

Register for the webinar.

Foley & Lardner LLP has announced that Jennifer Walsh has joined as director of public affairs in the Washington, D.C. office.

In this role, Walsh will work closely with former U.S. Representative Dennis Cardoza (D-CA), for whom she served as chief of staff during his tenure in Congress, as well as with former U.S. Representative Scott Klug (R-WI). Her focus at Foley will include advising clients on legislative, regulatory and public policy matters related to a variety of issues, and primarily health care. Walsh has deep expertise on a wide range of health care issues, including the Affordable Care Act (ACA), traditional Medicare and Medicare Advantage, Medicaid, military and veterans’ health, the regulatory process, health information technology and efforts to modernize the health care system.

“With health care legislation a priority initiative for many of our clients planning for changes in their industry, reimbursement, and core business operations, Jennifer’s experience on Capitol Hill and in the private sector, combined with her intimate knowledge of the ACA will be an invaluable asset,” said Larry Vernaglia, chair of Foley’s Health Care Industry Team.

Walsh began her political career working for former U.S. Representative Vic Fazio (D-CA) in the U.S. House Democratic Caucus and later in his California office. She served as a chief of staff in the California Legislature and was tapped by Cardoza to serve as finance director on his congressional campaign and later run his office in 2003.

“I have had the privilege of working with Jennifer since I served in the California Legislature. She was among the most effective and respected chiefs of staff in the California Assembly and continued that reputation on Capitol Hill, having been part of the House Democratic leadership team while the Affordable Care Act was developed, and an instrumental leader among the Blue Dog Coalition,” said Cardoza, co-chair of Foley’s Federal Public Affairs Practice. “I look forward to building on her health care experience to develop a top notch public policy practice together.”

After leaving Capitol Hill in 2011, Walsh served as vice president for federal government affairs at a leading multi-national health care company, where she developed expertise on a variety of issues across the health care spectrum.

“I am pleased to welcome Jennifer to our DC office, where her successful track record in working with both Democrats and Republicans will greatly enhance the firm’s national public affairs practice,” said Scott Fredericksen, managing partner of the firm’s Washington office.

About Foley & Lardner LLP
Foley & Lardner LLP is a corporate law firm that provides legal and related services for complex issues facing companies today. With approximately 900 attorneys in 20 offices, Foley combines international reach with a local focus across a full range of legal services in various industries, including technology, health care, sports and manufacturing. Foley has been recognized by clients and the legal industry for its strong commitment to client service excellence and innovation. Learn more at Foley.com.
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Benefit Express will present a free webinar reviewing the topic of Medicare and how it can affect Employers Health Coverage offerings.

The webinar will be Tuesday, April 7, at 1 p.m. Central time.

The topics will include employer secondary rules, COBRA, notice requirements and reporting requirement.

Benefit Express Services, LLC was established in 2001. It’s a benefits administration solutions firm that provides HR professionals with the tools and services necessary to simplify the benefits administration process.

Register for the webinar.

The Compliancy Group will present a free webinar demonstrating the Guard HIPAA Compliance Tracking Solution, which allows you to self audit your organization, simplifying HIPAA Compliance.

The 90-minute event will be Tuesday, March 10, beginning at 2 p.m. Eastern time.

“You can achieve illustrate and maintain compliance in one cost effective solution,” the Compliancy Group says on its website. “The Guard’s total solution will identify your gaps, provide remediation plans and includes policy, procedures, training, incident and Business Associate management.”

Bob Grant, Chief Strategy Officer and co-founder of The Compliancy Group, will conduct the demonstration. He will be taking questions from the audience on all aspects of HIPAA Compliance.

Register for the webinar.

Emergency plans for natural disasters are not enough – businesses need to plan specifically for illness, says Allied Barton Security Services in a free on-demand webinar.

To reduce the impact of a viral outbreak on your business, it is important for organizations to begin continuity planning for infectious disease now, the company says.

The webinar can help participants develop widespread disease prevention strategies, build an illness management team, formalize your illness preparedness and response plans, and communicate your efforts internally and externally

Watch the on-demand webinar.

The Network for Public Health Law has posted a complimentary webinar that looks at the structure and essential functions of the state and federal court systems, including administrative courts; explores the Tribal court system; and examines the role of court watch programs in addressing public health issues.

This webinar is first in a three-part series focused on the judiciary and public health. Upcoming webinars in the series include Public Health in the Courts, and the Court and Public Health Emergencies.

“The judicial system plays an important role in advancing public health goals, and it is critical that public health practitioners, legal counsel, and other partners understand how the court system works and how courts are involved in public health matters,” the Network says on its website.

Watch the on-demand webinar.

Compliancy Group will present a free webinar about the terms and conditions of business associate agreements that require your attention, and which ones you shouldn’t lose any sleep over.

The 90-minute webinar will be Thursday, Feb. 19, at 2 p.m. Eastern time

At some point, nearly all HIPAA covered entities and business associates must enter into business associate agreements (BAAs). Far too often though, entities commit one of two errors when doing so – they either sign a BAA “as is” without careful consideration of its terms or they negotiate each and every item in the agreement, Compliancy Group says on its website.

The first error may result in significant costs and liability, and the second wastes time and money. This webinar will address the terms and conditions of BAAs that require your attention, and which ones you shouldn’t lose worry about. The webinar will give both covered entities and business associates the tools they need to identify and address BAA risks, while protecting their business and saving time and money.

Register for the webinar.

Bloomberg BNA’s Pension and Benefits blog reports that employers might begin drawing back on using wellness programs if they don’t get clarifying regulations on the treatment of financial incentives under the Americans with Disabilities Act from the EEOC, witnesses said at a Senate committee hearing.

Both Republican and Democrats spoke in favor of wellness programs at the Jan. 29 hearing of the Senate Health, Education, Labor and Pensions Committee, but said that recent actions by the Equal Employment Opportunity Commission against employers that use financial incentives in their programs may hinder their further growth, because employers that comply with the Affordable Care Act’s provisions on these incentives could find themselves out of compliance with the ADA, the blog reports.

Read the story.

Benefit Express has posted a free on-demand webinar on dealing with health care reform as it relates to temporary workers.

Topics include: when temporary employees become your employees, the factors the government uses to determine employment status, the steps you can take to avoid these employees becoming your employees, and consequences under Health Care Reform if it is determined that they are your employees.

Watch the on-demand webinar.