BackArticles and Speeches

“Decision on Lincare Civil Penalties Should be a Reminder of Liability Potential,” Healthcare Risk Management

May 31, 2016

In an article published in May 2016, Nashville partner Roy Wyman provides insight on a recent $239,800 fine levied against Lincare by the Department of Health and Human Services (HHS) Office for Civil Rights (OCR). The OCR found that Lincare had violated the Health Insurance Portability and Accountability Act (HIPAA) after a Lincare employee left behind documents containing the protected health information (PHI) of 278 patients after moving residences. Mr. Wyman noted that the company’s position was that it was a victim in this case, which may have explained its lackluster response to the investigation. He said that companies must demonstrate to the OCR that they care about privacy and take seriously any suggestion that their HIPAA compliance may be inadequate. “In the end, the message is that you can’t be combative and respond with a litigious attitude right from the start,” Mr. Wyman said. “They could have settled and probably should have. Sometimes you need to take your lumps and accept. It. That seems to be where Lincare had a problem, saying they weren’t at fault and willing to take it to the limit.” Click here to read the full article.