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New HIPAA Privacy Rule Guidance

Client Alert | less than 1 min read | 12.04.02

The Department of Health and Human Services' Office of Civil Rights (OCR) has released a 100+ page guidance document on the HIPAA Privacy Rule. The guidance document discusses a broad array of topics in a Q&A format. OCR is the agency responsible for enforcing the Privacy Rule, so this guidance provides useful insight about the government's approach to some of the Privacy Rule's "hot topics". For example, OCR states that physicians with hospital staff privileges need not enter into business associate contracts with the hospital, because joint physician-hospital activities fall under the definition of "organized health care arrangement".

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Client Alert | 8 min read | 03.05.26

Fifth Circuit Decision in Health Care Fraud Case Highlights Importance of Careful Drafting in Civil RICO Complaints

A recent decision by the United States Court of Appeals for the Fifth Circuit, Farmers Texas County Mutual Insurance Co. v. 1st Choice Accident & Injury, LLC, No. 24-20275 (5th Cir. Feb. 24, 2026), offers important lessons for health care payors and other potential plaintiffs considering civil claims under the federal Racketeer Influenced and Corrupt Organizations Act (RICO). Although the Fifth Circuit’s decision focused on a procedural issue, the underlying case turned on a fundamental pleading failure: the plaintiff insurers did not adequately describe the fraudulent network they were suing as a RICO “enterprise.” The result was dismissal of a $14 million fraud case....