Danielle Holley

About Danielle Holley

Danielle is an associate with our Health Law department. Danielle is involved in representing and advising a broad spectrum of health care and social service provider clients in civil litigation, transactional work, fraud and abuse, HIPAA, compliance and other regulatory and general business matters. Danielle has experience in, among other areas, state and federal regulatory compliance, fraud and abuse, general civil litigation, guardianship and administrative hearings. Danielle also has clinical ethics experience and advises clients on the ethical and legal requirements related to health care delivery.

Are you a business that has had a data breach? Will your customers be able to sue you?

Class actions for damages resulting from a data breach are difficult to succeed upon unless there is an identifiable harm.  Once again a court has determined that the mere loss of data is not sufficient to confer standing (Chambliss v. CareFirst, Inc.,  No. RDB-15-2288 [D. MD., May 27, 2016]).  With the decision in Chambliss, Maryland […]

Beware of Broadening Data Security Requirements – A National Trend

In the wake of some of the largest data security breaches in history, including the massive breach of government computer systems in June that compromised the sensitive information of 21.5 million people, several states have recently amended their current data security laws.  The recent amendments will likely give data security statutes more bite by providing […]

The Rise of the Worthless Services Theory in Federal False Claims Act (Whistleblower) Cases – A Look to the Future

The theory of “worthless services” has yet again been tried by whistleblowers in the federal False Claims Act context, this time resulting in a large settlement with the federal government.  We saw this argument made previously in Ashber v. Momence, which we discussed in a prior article here.  Now, Extendicare Health Services Inc., and its […]

New Reporting Requirements under the IMPACT Act for Post-Acute Care Providers

President Obama signed into law on October 6th, 2014 the “Improving Medicare Post-Acute Care Transformation Act of 2014”, also known as the “IMPACT Act of 2014”.  The IMPACT Act of 2014 amends the Social Security Act to require home health agencies, skilled nursing facilities, inpatient rehabilitation facilities, and long-term care hospitals to report on a […]

IOM Provides Support that Focus is Needed on Advance Care Planning

Many studies have been done demonstrating that many individuals have not talked to providers or loved ones about end-of-life care.  However, studies also demonstrate that for individuals who discuss their wishes for decisions to be made at the end-of-life, the individual experiences an increased quality of life and both the individual and family have greater […]

An Ever Widening Gap: Circuit Split on the Applicable Pleading Standard for the False Claims Act

Many areas of the False Claim Act are subject to legal interpretation and have been subject to Circuit splits, sometimes resulting in rulings from the Supreme Court.  In the United States, there are thirteen federal circuit courts that provide intermediate appellate review of the federal district courts in several states.  The decision by a circuit […]

Expanding Their Arsenal: Criminal Prosecution of HIPAA Breaches on the Rise

Over the past year, the Office of Civil Rights (“OCR”) has taken a more aggressive stance in enforcing the provisions of the Health Insurance Portability and Accountability Act (HIPAA).  The largest settlement for a data breach to date was just announced earlier this year between OCR and New York Presbyterian Hospital and Columbia University. However, […]

Absher v. Momence: A Mixed Decision—Limiting and Expanding the False Claims Act

In the ever-expanding area of the federal False Claims Act, the recent decision by the 7th Circuit in Absher v. Momence Meadows Nursing Center Inc., limited pursuing a False Claims Act violation under the worthless services theory but potentially expanded what administrative reports do not trigger the public disclosure bar of the False Claims Act. […]