Tag: Health and Benefits Law

by Ryan Knox*

Can plaintiffs bring state law claims of negligence per se based only on alleged violations of the Health Insurance Portability and Accountability Act (HIPAA)? In this Contribution, Ryan Knox (’19) discusses the interaction of HIPAA with state negligence claims and the legal and policy reasons challenging these private claims. This Contribution ultimately argues that negligence per se claims under state law should not be permitted to be brought when based only on alleged HIPAA violations.

Integrating Care but Increasing Liability? Mitigating Risk in Non-Profit Health System Acquisitions of For-Profit Management Services Organizations

By Editor-in-Chief NYU Moot Court Board

On October 29, 2018

In Contributions

by Victoria Hamscho, Daniel Weinstein, and Ryan Knox*

Non-profit healthcare systems may seek to create an integrated care delivery system by acquiring other healthcare companies. Particular risks arise when nonprofit healthcare systems purchase for-profit management services organizations. In this Contribution, Victoria Hamscho, Daniel Weinstein, and Ryan Knox (’19) call attention to some significant risks non-profit healthcare systems face in acquiring for-profit management services organizations (including fraud and abuse, corporate practice of medicine laws, antitrust violations, and tax violations) and suggest possible means of mitigating these risks.

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Exploring New Approaches to Unsettled Legal Questions

Tag: Health and Benefits Law

The ‘P’ is Not For Privacy: Preventing Private Enforcement of HIPAA

Integrating Care but Increasing Liability? Mitigating Risk in Non-Profit Health System Acquisitions of For-Profit Management Services Organizations