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University of Rochester Medical Center’s $3 Million HIPAA Settlement

The University of Rochester Medical Center (URMC), one of the largest health systems in New York, recently agreed to a $3 million settlement for potential violations of the Health Insurance Portability and Accountability Act (HIPAA). In 2013, URMC filed a breach report to the United States Department of Health and Human Services, Office for Civil Rights (OCR) due to the loss of an unencrypted flash drive containing electronic Protected Health...

What Medical Practices Need to Know About Private Equity Transactions

https://www.youtube.com/watch?v=vfh4CULZsGE Part One of a Three-part Healthcare Private Equity Video Series In this video, attorney Daniel B. Frier, Esq., explains what Medical Practices need to know about Private Equity transactions, including: [00:01:19] What is Private Equity? [00:02:21] Why is Private Equity Interested in Medical Practices? [00:06:15] Why Would a Practice or Doctor Consider Private Equity? [00:10:17] Identifying a Private Equity Partner [00:11:39] Choosing and Using an Investment Banking Firm to...

Frier Levitt Successfully Recovers Liquidated Damages for Violation on Non-Compete Clause

Recently, Frier Levitt Partner Michelle L. Greenberg, Esq., and Associate Nicole M. DeWitt, Esq. successfully settled a matter for a medical practice that claimed a physician previously employed by the group was violating a non-compete clause by practicing medicine within a restricted area. The physician argued that she was not in violation of the covenant because she was practicing medicine outside of the "restricted area" and disputed that the "restricted...

SCOTUS Declines to Revisit Third Circuit Decision Containing Expansive Construction of Public Disclosure Bar

On October 7, 2019, the Supreme Court (SCOTUS) denied certiorari in the matter of Pharmerica Corporation v. U.S. ex rel. Silver, leaving on the books the Third Circuit decision which held that the False Claims Act's (FCA) public disclosure bar "is not implicated . . . where a relator's non-public information permits an inference of fraud that could not have been supported by the public disclosures alone[.]" This holding arguably...

Timely Reporting of Disciplinary Actions: It Goes Beyond Just Other State Boards of Pharmacy

We've all heard the examples where failure to notify one state's Board of Pharmacy of disciplinary action imposed by another state's Board of Pharmacy has had a cascading effect, resulting in spiraling and circuitous fines and discipline. However, did you know that failure to provide timely notification of discipline (and other actions) can have PBM implications as well? Many PBM manuals contain sections detailing the obligation to report disciplinary actions,...