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Long Term Care & Senior Living Blog

We offer updates on national on regional issues such as malpractice defense, regulatory compliance, labor and employment issues and estate planning.

Long Term Care & Senior Living Blog
June 25, 2014

Learning the Hard Way – Omnicare to Pay $124M False Claims Settlement

False Claims Act (FCA) allegations are serious business. Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid and other federally funded programs. Omnicare learned the hard way just how serious FCA actions can be when a whistleblower made allegations against it.

Long Term Care & Senior Living Blog
June 10, 2014

PHI + Home Computers = Possible Breach

Hershey Medical Center announced that it will notify 1,801 patients of a data breach. This privacy breach arose out of an employee’s action, which involved taking data home on a removable storage device to work on a personal computer at home after hours. The employee then used his personal email to send updated data to doctors at the medical center. Because the employee worked with the data on devices and systems without the safeguards and controls of the workplace, the medical center could not rule out the possibility of unauthorized access of the information. While Hershey Medical Center did not believe an unauthorized person accessed the information, it felt it needed to notify the patients.

Long Term Care & Senior Living Blog
September 3, 2013

Know Your Responsibilities Under Illinois’ Personnel Record Review Act Before Producing an Employee Personnel File

The State of Illinois has very specific requirements that apply to disclosure of employee personnel records. The requirements are codified in the Illinois Compiled Statutes as the Personnel Record Review Act, 820 ILCS 40/1 et seq. The Act addresses an entity’s response to requests for records from health care and other regulatory agencies, as well as an entity’s response to requests from its own employees and former employees.