Health Care Law News and Insights

Reproductive Health Confidentiality: HHS Proposes Stronger Privacy Measures

Published: Jul 10, 2023
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On April 17, 2023, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a notice of proposed rulemaking (NPRM) that would modify the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) under the Health Insurance Portability and Accountability Act of 1996 and...

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Supreme Court Rules Knowledge And Subjective Belief Are Key For False Claims Act Liability

Published: Jul 05, 2023
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In a unanimous decision yesterday, the U.S. Supreme Court, in an opinion written by Justice Thomas, ruled that the False Claims Act's ("FCA") scienter element refers to a defendant's knowledge and subjective beliefs - not to what an objectively reasonable person may have known or believed. The case, U.S. ex rel. Schutte...

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Gaming The Vaccine Act Doesn’t Pay—Literally

Published: Jun 28, 2023
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We recently commented on claimants who manipulate and evade the Vaccine Act by making vaccine claims, only then to make no effort to pursue them. Their play is to abandon their claims after the statutory 240-day waiting period and file lawsuits, where they stand a better chance of recovering more money. Because...

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