The Federal Trade Commission (FTC), joined by the States of California and Utah, has filed a lawsuit against telehealth company Hims & Hers, alleging that the company engaged in deceptive privacy, billing, and subscription practices. According to the lawsuit, Hims & Hers shared consumers’ health information with third-party advertising companies, including Meta and Snap, despite
Ada Janocinska
OIG Green-Lights Free Testing by Pharmaceutical Manufacturer
The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) recently issued a favorable Advisory Opinion (No. 26-14) to a pharmaceutical manufacturer that is proposing to offer free antibody testing to patients.
In the proposed arrangement, the manufacturer would offer free antibody testing to determine whether patients would qualify for a prescribed…
OIG Opinion: Free Orthodontic Services Did Not Trigger AKS Risk
The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) recently issued a favorable Advisory Opinion (No. 26-09) regarding certain free treatment that would be offered to patients of a pediatric dental clinic. Specifically, the clinic planned to offer free comprehensive orthodontic treatment to one select patient per year.
As a general…
Aetna Settles FCA Allegations for $117.7 Million
On March 11, the U.S. Department of Justice and U.S. Attorney’s Office announced that Aetna, a national health insurer, has agreed to pay $117,700,000 to settle alleged violations of the False Claims Act (FCA). The government was investigating Aetna for submitting inaccurate and untruthful diagnosis codes for its Medicare Advantage Plan beneficiaries, which increased Aetna’s…
OIG Issues Favorable Advisory Opinion for Waiving Cost Sharing for Cancer Screening Test
In a recent Advisory Opinion (No. 26-01), the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) concluded that waiving cost sharing for certain commercially insured patients who receive a cancer screening test is permissible under the federal Anti-Kickback Statute.
The opinion pertains to a clinical laboratory test that screens for…
OCR Issues Guidance on Parental Access to Children’s Medical Records
It was brought to the attention of the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) that healthcare providers may be violating HIPAA in certain instances where they deny parental access to a child’s medical records, or require the child to authorize the disclosure of their medical records to the parent…
Dental Practice Settles Data Breach Lawsuit for $1.2 Million
Ransomware cyber attacks have been a prominent threat to the healthcare industry. In this case, First Choice Dental, a large dental practice with multiple locations across Wisconsin, was targeted by hackers in October 2023. The hackers gained access to sensitive information including patient names, dates of birth, Social Security numbers, passport numbers, driver’s license numbers…
Nursing Home Company Pays HIPAA Fine for Publicizing Patient Success Stories
A company that runs five nursing homes in Delaware recently agreed to pay a $182,000 fine to settle an investigation for alleged HIPAA violations. The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) investigated the company, referred to collectively as the Cadia Healthcare Facilities, after it received a complaint that the…
OIG Issues Favorable Advisory Opinion on Donations to Non-Profit Foundation
The U.S. Department of Health and Human Services’ Office of Inspector General (OIG) has issued a favorable Advisory Opinion for a non-profit foundation receiving donations from an affiliated company. The company in this case offers family-based therapy for children with a redacted “Disorder” (presumably autism), where the goal of the therapy sessions is to train…
OCR Announces $800,000 HIPAA Settlement with Florida Health System
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has announced another settlement for alleged violations of HIPAA. OCR investigated BayCare Health System, which serves central Florida, after a patient complained to OCR in 2018 that her medical record was accessed by an unauthorized individual.
The patient told OCR that she…
