The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) has been actively enforcing the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) in 2016. As of August, covered entities and business associates (the organizations who are subject to HIPAA) have paid OCR more than $20 million to resolve allegations of
The implied false certification theory of liability under the False Claims Act (FCA) is premised on the notion that a person who does business with the federal government, by the very act of submitting a claim for payment, has impliedly certified compliance with the often numerous statutes, regulations, and contract terms that govern the contractual
There has been a resurgence of concern about the misuse of financial measures and key performance indicators not based on generally accepted accounting principles (GAAP). Late last year, the Chair of the Securities Exchange Commission (SEC), Mary Jo White, addressed the 2015 National Conference of the American Institute of Certified Public Accountants (AICPA). She noted
Over the past few decades, the federal government has increased its focus on investigating and prosecuting fraud and corruption in a variety of industries. Businesses are required to develop comprehensive compliance programs to comply with a variety of federal, state, and, in some cases, foreign laws and regulations to minimize risk and avoid legal repercussions.
The recent shake-up at United Airlines in the wake of the continuing travails involving the State of New Jersey and the Port Authority of New York and New Jersey (PANYNJ) provides some sharp lessons and warnings for in-house counsel, compliance practitioners, and board audit committees. The head of United Airlines recently resigned in light of
Mass collection and storage of consumer information – including sensitive and personal information – is a fact of life in today’s marketplace. So are hacks and data breaches. In more than thirty states there are laws that require consumers to be notified of a data breach, and there are bills in both the Senate and
Recently, New York’s Department of Financial Services (“DFS”), the State’s banking and insurance regulator, identified two challenges to effective financial regulation: (1) deterrence for individual bad actors and (2) adequate anti-money laundering (“AML”) compliance by banks and other financial institutions. According to the DFS, federal regulation has been insufficient to address these challenges. Thus, like
This January, President Obama announced a series of initiatives aimed at protecting consumer data. One of these proposals is the Personal Data Notification and Protection Act (“PDNPA” or “Act”), which would create a federal standard for data breach notifications. If passed, businesses will need to know these new requirements to prepare adequately for a data