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Ill Kickback Ruling Must Be Reconsidered, Court Told

ADVERTISEMENT Ill. Kickback Ruling Must Be Reconsidered, Court Told Law360 (July 6, 2021, 8:35 PM EDT) A home health care company on Tuesday told an Illinois federal judge that evidence doesn t back the court s finding that it paid kickbacks to an Illinois state elder care contractor in exchange for referrals and denied it had a willful intent to unlawfully solicit clients. The company, Management Principles, along with subsidiaries and owner Asif Sayeed, asked U.S. District Judge Sharon Johnson Coleman to reconsider her June finding that they violated the Anti-Kickback Statute and the federal and state False Claims Acts, or grant a new trial. Management Principles says the plaintiff, Stop Illinois Health Care Fraud, had to do more.

Healthcare Law Update: February 2021 | Holland & Knight LLP

HIPAA Shannon B. Hartsfield To date, there has been little consistency in how Health Insurance Portability and Accountability Act (HIPAA) requirements are enforced by the U.S. Department of Health and Human Services (HHS), or the amount of settlements or penalties. In Univ. of Texas M.D. Anderson Cancer Ctr. v. U.S. Dept. of Health and Human Servs. No. 19-60226, 2021 WL 127819 (5th Cir. Jan. 14, 2021), the court vacated significant penalties against M.D. Anderson Cancer Center (M.D. Anderson) in a manner that could lead to changes to HIPAA enforcement in the future. The court found that HHS decision to fine M.D. Anderson $4,348,000 was arbitrary, capricious, and contrary to law.

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