On April 3, 2020, the Department of Health and Human Services Office for Civil Rights (“OCR”) released an alert warning covered entities and business associates of an individual posing as an OCR Investigator to obtain protected health information. According to the alert, “[t]he individual identifies themselves as an OCR Investigator on the telephone, but does not provide an OCR complaint transaction number or any other verifiable information relating to an OCR investigation.”

HIPAA covered entities and their business associates are encouraged to warn their workforce of potential scams and remind them of basic verification steps, such as asking for the Investigator’s email address (which will end in @hhs.gov) and asking for a confirmation email sent from the Investigator’s hhs.gov email.

Organizations can send questions and concerns to OCRMail@hhs.gov. Additionally, suspected incidents of individuals impersonating federal law enforcement should be reported to the Federal Bureau of Investigation (“FBI”). The FBI has also released a public service announcement regarding COVID-19-related fraud schemes.

Photo of Anna D. Kraus Anna D. Kraus

Anna Durand Kraus advises on issues relating to the complex array of laws governing the health care industry. Her background as Deputy General Counsel to the U.S. Department of Health and Human Services (“HHS”) gives her broad experience with, and valuable insight into…

Anna Durand Kraus advises on issues relating to the complex array of laws governing the health care industry. Her background as Deputy General Counsel to the U.S. Department of Health and Human Services (“HHS”) gives her broad experience with, and valuable insight into, the programs and issues within the purview of HHS, including Medicare, Medicaid, fraud and abuse, and HIPAA privacy and security. Anna is co-chair of the firm’s Health Care Industry practice group.

Anna regularly advises clients on Medicare reimbursement matters, particularly those arising under Part B and the Part D prescription drug benefit. She also has extensive experience with the Medicaid Drug Rebate program. She assists numerous pharmaceutical and device manufacturers, health care providers, pharmacy benefit managers, and other health care industry stakeholders to navigate the challenges and opportunities presented by the Affordable Care Act.

Anna is a trusted adviser on health information privacy, security and breach notification issues, including those arising under the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act. Her background in this area dates back to the issuance of the original HIPAA privacy regulations.

Anna’s clients depend on her to guide them through compliance with the Anti-Kickback statute, the Stark regulations, and other laws preventing fraud and abuse in the health care industry. Her deep knowledge of these laws has made her an important component of the firm’s representation of pharmaceutical companies and health care organizations under federal investigation or facing allegations under the False Claims Act. In addition, clients contemplating acquisitions in the health care sector rely on her to guide due diligence efforts.

Photo of Tara Carrier Tara Carrier

Tara Carrier is an associate in Covington’s Boston office, where she is a member of the Health Care and White Collar Defense and Investigations Practice Groups. Tara focuses her practice on representing clients in the life sciences and health care industries in a…

Tara Carrier is an associate in Covington’s Boston office, where she is a member of the Health Care and White Collar Defense and Investigations Practice Groups. Tara focuses her practice on representing clients in the life sciences and health care industries in a variety of regulatory and compliance matters, including fraud and abuse, health information privacy and compliance with HIPAA, promotion and advertising, market access, pricing and reimbursement activities, and other related areas. In addition, Tara has experience representing clients in government investigations and conducting targeted internal investigations covering a broad range of health care compliance issues. She also counsels clients on mitigating compliance risks and implementing and operating under HHS OIG Corporate Integrity Agreements.

Tara is an author of the U.S. chapter of a global treatise on drug pricing and reimbursement.

In addition to her life sciences practice, Tara maintains an active pro bono practice, with a particular focus on reproductive rights.