Industry Insights

With AI Regulation Lagging Behind, How Do You Protect Your Practice in the Interim?

Comprehensive federal regulation of artificial intelligence (AI) in healthcare remains unlikely in the new year, leaving providers to navigate a regulatory gray area. 

In a new article, Guillermo Beades and Nicholas Batlle discuss the consequences of unvetted AI adoption. Additionally, they shed light on state-level incentives to regulate AI as well as considerations for healthcare providers to mitigate risks.

Read here. 

New Jersey’s Anti-SLAPP Law: A Powerful New Tool to Defend Providers Sued for Protected Speech

New Jersey’s recently enacted Uniform Public Expression Protection Act (UPEPA) offers robust protections against lawsuits targeting protected speech. Known as an Anti-SLAPP law, UPEPA aims to deter “strategic lawsuits against public participation” designed to silence or intimidate through costly and time-consuming litigation.

To learn more, read the article by Jason Silberberg and Michael Sheflin here.

Strengthening Cybersecurity in Healthcare: Proposed HIPAA Rule Changes

The U.S. Department of Health and Human Services Office for Civil Rights has issued a Notice of Proposed Rulemaking (NPRM) to enhance cybersecurity measures and protections under HIPAA. Added to the Federal Register January 6, the NPRM aims to better safeguard the privacy and security of sensitive health data, but substantially increases obligations of governed entities.

Arielle Miliambro and Maria Stahl examine key changes in the proposed rule and the potential impact on healthcare organizations if the rule is adopted. Read here.

HHS Imposes $1.19 Million Fine for Reported HIPAA Breach

The U.S. Department of Health and Human Services Office for Civil Rights announced a $1.19 million civil money penalty against a Florida pain management clinic in relation to a HIPAA breach.

Arielle Miliambro and Christopher Maniscalco discuss the specific violations in a new article, along with recommendations from OCR for covered entities to mitigate or prevent cyber threats. 

Read here.

Protecting Patient Data: Lessons from the Solara Medical Supplies HIPAA Breach Settlement

A medical supplies provider reached a $3 million settlement for a HIPAA breach that exposed over 65,000 individuals’ protected health information, marking the second settlement reached in the past several weeks that came from enforcement actions linked to an organization’s failures to adhere to HIPAA requirements.

In a new article, Arielle Miliambro and Christopher Maniscalco delve into this case, discussing what went wrong, what violations were identified, and what corrective actions were taken. Additionally, they shed light on proactive steps healthcare providers can take to mitigate the risk of a breach.

Read here.

Navigating the New DEA Telemedicine Rules: What You Need to Know

The U.S. Drug Enforcement Administration (DEA) announced new rules and proposed changes aimed at regulating telemedicine practices and prescription drug distribution. 

Learn about the key changes and how they will effect your organization in an article by Arielle Miliambro and Christopher Maniscalco here.

On-Demand Webinar

Balancing Physician Rights & Hospital Actions in Harassment Cases 

In healthcare, few topics are as complex as the intersection of physician due process rights and hospital obligations in harassment cases. Frier Levitt partners Todd Brower, Alex Keoskey, and Christopher Mayer provide an in-depth exploration of these critical issues in our latest webinar.

Click the image below to view the webinar:

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Newsworthy

Daniel Frier, Theresa DiGuglielmo, and Nicole DeWitt Published in Medical Economics “The Importance of Mounting a Robust Response to Urine PCR Testing Denials and Clawbacks”

Lawrence Kobak Published in Podiatry Management Magazine “Don’ts for Doctors”

Frier Levitt Successfully Defends Multiple Matters Before the New Jersey Board of Medical Examiners

Frier Levitt’s Success at an ALJ Hearing Highlights the Importance of Understanding Medicare Wound Care Audits

Frier Levitt’s Government Investigations, Litigation & White-Collar Defense Group is comprised of seasoned professionals, including a former Assistant United States Attorney, Deputy Attorneys General, and healthcare litigators who have decades of experience defending corporate entities, executives, and healthcare and life sciences professionals for alleged healthcare violations.

Our attorneys bring a wealth of firsthand knowledge of how government agencies conduct investigations and prosecute cases. This litigation-centric experience and skillset, combined with the firm’s extensive regulatory, transactional, and clinical knowledge, work to resolve such cases successfully, often doing so before public charges are filed.

Contact Frier Levitt to speak to an attorney about regulatory concerns, government inquiries, subpoena and CID defense, as well as litigation defense.

Learn more about Frier Levitt's Government Investigations, Litigation & White-Collar Defense here.

Very truly yours,

Daniel B. Frier, Esq.

Co-Founding Partner

Frier Levitt

dbfrier@frierlevitt.com

973.618.1660

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The contents of this newsletter and all related communications do not constitute legal advice or an attorney-client relationship. Publication contents are for general information purposes and are not intended to be a substitute for legal advice. You should seek legal advice or other professional advice in relation to any particular questions that you or your organization may have.