First Conviction under EKRA

On January 10, 2020, a substance abuse treatment clinic manager in Jackson, Kentucky pleaded guilty to violating the Eliminating Kickbacks in Recovery Act (“EKRA”) by soliciting kickbacks from a toxicology laboratory in exchange for urine drug testing referrals.

New Proposed Updates to Substance Use Disorder Privacy Rule

On August 22, 2019, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) and the Department of Health and Human Services (“HHS”) announced proposed changes to the Confidentiality of Substance Abuse Disorder Patient Records regulations, set forth in 42 CFR Part 2 (“Part 2”).

Home Health Agency Owners Plead Guilty to Kickback Conspiracy

On Friday, May 31, 2019, the U.S. Department of Justice released a press release pertaining to two Chicago-area home health agencies. The owners of the home health agencies plead guilty for their involvement in a kickback scheme through which they improperly obtained nearly $2 million dollars in Medicare reimbursements.

Cancer Center appeals $4.3 Million Penalties for HIPAA Breaches

In 2012 and 2013, the University of Texas MD Anderson Cancer Center (the “Cancer Center”) exposed protected health information pertaining to approximately 35,000 individuals. The Cancer Center has been involved in the appeals process regarding penalties imposed by the federal Office for Civil Rights (“OCR”) of approximately $4.3 million associated with the HIPAA breaches.