Date archive: September 2014

Lewellen v. Franklin: Missouri Supreme Court Holds Statutory Cap on Punitive Damages Unconstitutional

On September 9, 2014, the Missouri Supreme Court unanimously struck down the State’s punitive damage cap in Lewellen v. Franklin, 2014 WL 4425202 (Mo. banc Sept. 9, 2014). The plaintiff in Lewellen was a 77-year-old widow with less than $1,000 of monthly income who contracted to purchase a vehicle with National Auto Sales North’s (“National”)…

Covered Entity Alert – HIPAA BAA Compliance Deadline is 9-23-14

The Omnibus Final Rule (Final Rule) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was issued in January 2013 and became effective on March 26, 2013 with a general compliance date of September 23, 2013. However, Covered Entities were given additional time to get their pre-Final Rule Business Associate Agreements (BAAs) in…

Health Care Providers Beware – Overpayment Claim News

Two recently announced settlements with Washington State and the Federal government show two potential overpayment issues for providers. Molina Healthcare of Washington, Inc., announced in an SEC filing on September 5th, that it agreed in principle with the Washington Health Care Authority (HCA) to settle the two outstanding overpayment matters brought by HCA demanding recoupment…

CMS Offers to Settle Pending Appeals of Denied Claims

As a result of the substantial backlog of pending appeals for denied inpatient claims, Centers for Medicare & Medicaid Services (CMS) issued an offer to settle these denied claims in exchange for the hospitals withdrawal of pending appeals. Acute Care Hospitals and Critical Access Hospitals have until October 31, 2014 to make a settlement request….


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