Posts by Danielle Holley
The OMIG Releases Annual Report for 2013: A Year of Record Recoveries
- Apr 24 2018
The New York State Office of the Medicaid Inspector General (OMIG) has released its 2013 Annual Report (“Report”). The OMIG announced that it has recovered a record $879 million in ...
Myers v Schneiderman – Aid in Dying Will Require a Legislative Overhaul to Be Recognized
- Nov 28 2017
The Court of Appeals issued a decision in September in Meyers v. Schneiderman, 2017 NY Slip Op 06412, 2017 N.Y. Lexis 2557 (2017), that asked whether there was a New ...
A Review of the Last 30 Days: A New Era for Health Care
- Mar 23 2017
This month’s column in the Albany County Bar Association Newsletter reflects on the changes and potential changes to the health care sector under President Trump’s first 30 days.
Should Pokémon GO be a No Go for Healthcare Facilities?
- Oct 18 2016
This month’s column in the Albany County Bar Association Newsletter addresses the rise of individuals playing Pokémon GO in healthcare facilities and the issues that healthcare facilities should consider to ...
Are you a business that has had a data breach? Will your customers be able to sue you?
- Jun 13 2016
Class actions for damages resulting from a data breach are difficult to succeed upon unless there is an identifiable harm. Once again a court has determined that the mere loss ...
Beware of Broadening Data Security Requirements – A National Trend
- Aug 10 2015
In the wake of some of the largest data security breaches in history, including the massive breach of government computer systems in June that compromised the sensitive information of 21.5 ...
The Rise of the Worthless Services Theory in Federal False Claims Act (Whistleblower) Cases – A Look to the Future
- Oct 13 2014
The theory of “worthless services” has yet again been tried by whistleblowers in the federal False Claims Act context, this time resulting in a large settlement with the federal government. ...
New Reporting Requirements under the IMPACT Act for Post-Acute Care Providers
- Oct 9 2014
President Obama signed into law on October 6th, 2014 the “Improving Medicare Post-Acute Care Transformation Act of 2014”, also known as the “IMPACT Act of 2014”. The IMPACT Act of ...
IOM Provides Support that Focus is Needed on Advance Care Planning
- Sep 25 2014
Many studies have been done demonstrating that many individuals have not talked to providers or loved ones about end-of-life care. However, studies also demonstrate that for individuals who discuss their ...
An Ever Widening Gap: Circuit Split on the Applicable Pleading Standard for the False Claims Act
- Sep 16 2014
Many areas of the False Claim Act are subject to legal interpretation and have been subject to Circuit splits, sometimes resulting in rulings from the Supreme Court. In the United ...
Expanding Their Arsenal: Criminal Prosecution of HIPAA Breaches on the Rise
- Sep 4 2014
Over the past year, the Office of Civil Rights (“OCR”) has taken a more aggressive stance in enforcing the provisions of the Health Insurance Portability and Accountability Act (HIPAA). The ...
Absher v. Momence: A Mixed Decision—Limiting and Expanding the False Claims Act
- Sep 2 2014
In the ever-expanding area of the federal False Claims Act, the recent decision by the 7th Circuit in Absher v. Momence Meadows Nursing Center Inc., limited pursuing a False Claims ...
“I Might Be Injured, Someday…Maybe?” Courts Question Plaintiffs’ Standing in HIPAA Breach Suits Alleging Future Harm
- Jul 18 2014
Illinois courts have now dismissed two class action law suits against Advocate Health and Hospitals Corporation (“Advocate”), stemming from a July 2013 breach of personal health information (“PHI”) when four ...
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