Article

Supreme Court FCA Case hasn't changed HIPAA - Beware of scare-tactic webinar offers!

Provided by:  Jennifer Kirschenbaum, Esq.

 

July 11, 2019

 

 

Question:


Jennifer, 

Can you address whether the recent Supreme Court ruling impacts the 6 year requirement under HIPAA?  I was solicited to pay for a webinar to learn how I now have to keep records for 10 years.  

Thanks, 
Dr. T


Answer:

The recent case having to do with presentation of false claims for billing for security services in Iraq does not impact HIPAA record maintenance requirements of 6 years.  The opinion discusses the statute of limitations in which a qui tam action (whistleblower action) can be brought.  https://www.supremecourt.gov/opinions/18pdf/18-315_1b8e.pdf.   The decision, written by Justice Thomas, does seem to expand a whistleblower's time frame to bring a qui tam in a 10 year period, if the government would be harmed and not have had knowledge.   The application is somewhat limited, and, in my opinion, not expansive enough to unilaterally alter record keeping requirements under a separate federal statute.  So, don't throw your shredder out just yet and you can probably pass on that webinar.  Be ware of peddling vendors! 

Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!
Supreme Court FCA Case hasn't changed HIPAA - Beware of scare-tactic webinar offers!-July 11, 2019 -Jennifer Kirschenbaum

Article

Supreme Court FCA Case hasn't changed HIPAA - Beware of scare-tactic webinar offers!

Provided by:  Jennifer Kirschenbaum, Esq.

 

July 11, 2019

 

 

Question:


Jennifer, 

Can you address whether the recent Supreme Court ruling impacts the 6 year requirement under HIPAA?  I was solicited to pay for a webinar to learn how I now have to keep records for 10 years.  

Thanks, 
Dr. T


Answer:

The recent case having to do with presentation of false claims for billing for security services in Iraq does not impact HIPAA record maintenance requirements of 6 years.  The opinion discusses the statute of limitations in which a qui tam action (whistleblower action) can be brought.  https://www.supremecourt.gov/opinions/18pdf/18-315_1b8e.pdf.   The decision, written by Justice Thomas, does seem to expand a whistleblower's time frame to bring a qui tam in a 10 year period, if the government would be harmed and not have had knowledge.   The application is somewhat limited, and, in my opinion, not expansive enough to unilaterally alter record keeping requirements under a separate federal statute.  So, don't throw your shredder out just yet and you can probably pass on that webinar.  Be ware of peddling vendors! 

Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!