Elizabeth F. Hodge

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A former president of the Florida Academy of Healthcare Attorneys, Betsy Hodge concentrates her practice on compliance and regulatory issues affecting health care providers and payers and employer-sponsored health plans. Betsy has significant experience with HIPAA and the HITECH Act and assists covered entities and business associates in complying with these laws through the development of policies and procedures, workforce training, analysis and notification of breaches, and assisting with government audits and investigations.  In addition, she counsels her clients on regulatory issues, including state and federal fraud and abuse laws.

 

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Healthcare Providers (and Business Associates) Beware: Plaintiffs Using Novel Theories When Suing for Breaches of Protected Health Information

By Elizabeth F. Hodge on Posted in Healthcare Litigation, HIPAA, Privacy, and Data Security
Healthcare providers, other covered entities under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and now HIPAA business associates, should be aware that patients who believe that their protected health information (PHI) has been improperly accessed are suing those required to protect the privacy and security of PHI based on some novel legal … Continue Reading

New OIG Special Fraud Alert Declares PODs To Be “Inherently Suspect”

By Elizabeth F. Hodge on Posted in Fraud & Abuse & False Claims Act, Hospitals & Health Systems, Physicians
On March 26, 2013, the Department of Health and Human Services Office of Inspector General (OIG) issued a Special Fraud Alert advising that the OIG considers physician-owned distributorships (“PODs”) as “inherently suspect” under the federal Anti-Kickback Statute. In the strongly worded guidance, the OIG defines PODs as physician-owned entities that sell or arrange for the sale … Continue Reading

11th Circuit Issues Cautionary Opinion for Transactional Lawyers

By Elizabeth F. Hodge on Posted in Healthcare Litigation, Healthcare M&A, Joint Ventures, Transactions & Health Ventures
The recent case of St. Joseph Hospital, Augusta, Georgia, Inc. v. Health Management Associates, Inc., Case No. 11-13069 (decided January 24, 2013), is a warning for transactional lawyers to be careful how they describe a transaction in pre-closing filings with government agencies. St. Joseph Hospital (now known as Trinity Hospital of Augusta) sued HMA for … Continue Reading

Florida Physician to Pay $26.1 Million to Settle False Claims Allegations

By Elizabeth F. Hodge and Ari H. Gerstin on Posted in Healthcare Litigation, Medicare & Medicaid
On February 11, 2013, the U.S. Department of Justice (DOJ) announced the largest settlement ever reached with an individual under the False Claims Act (FCA) in the United States District Court for the Middle District of Florida. The settlement is also one of the largest with an individual under the FCA in U.S. history. According … Continue Reading

HIPAA Omnibus Final Rule Changes the Game for Business Associates

By Elizabeth F. Hodge on Posted in HIPAA, Privacy, and Data Security
On January 25, 2013, the Department of Health and Human Services/Office for Civil Rights (HHS/OCR) published in the Federal Register (78 Fed. Reg. 5566) the long-awaited final rule titled Modifications to the HIPAA Privacy, Security, Enforcement and Breach Notification Rules Under the Health Information Technology for Economic and Clinical Health Act and the Genetic Information … Continue Reading
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