Diagnosing Health Care Podcast

About Diagnosing Health Care Podcast

What health care and life sciences decision-makers need to lead, comply, and compete. The health care industry is full of high-stakes legal, policy, and regulatory obstacles. And significant opportunities for those prepared to act on them. Diagnosing Health Care® delivers the intelligence executives, general counsel, and administrators need to navigate both. Part of the Epstein Becker Green Insights Network.

Publisher

Epstein Becker Green

Category

health & fitness · science

Language

en

Explicit

No

First episode

30 Jun 2020

Latest episode

24 Sept 2026

Latest episodes

95 episodes in the feed.

1. 

   24 Sept 2026

   How the FCA Now Threatens Health Care's DEI Programs

   What General Counsel and Business Leaders Need to Know: A Familiar Tool, New Targets: The False Claims Act (FCA), long used to pursue fraud claims against health care institutions and government contractors, is now being extended to conduct that has never faced scrutiny under the FCA before. Through a "false certification" theory, the government is targeting diversity, equity, and inclusion (DEI) initiatives and significantly expanding the sectors in which employers now face FCA scrutiny. The Certification Trap: The U.S. government is adding language to funding forms and contracts requiring entities to certify they do not have illegal DEI programs. If an organization cannot show that its diversity initiatives align with federal civil rights law, falsely certifying that information can trigger FCA liability, which can come with treble damages and per-claim penalties. Unsettled Legal Ground Favors Defendants—for Now: No court has tested the government's materiality or scienter arguments in DEI-FCA cases. Early settlements involved conduct from 2017—before DEI executive orders— raising serious questions about how these elements can be proved in relation to initiatives that were lawful at the time. In this episode of Diagnosing Health Care, Epstein Becker Green attorneys Lauri F. Rasnick, Daniella R. Lee, Leah Brownlee Taylor, and Haley Morrison discuss Civil Investigative Demand protocols, how to document good-faith compliance without waiving privilege, and what general counsel and compliance officers should do this week to prepare. - Visit our site for related resources and email contact information: https://www.ebglaw.com/dhc94 (https://www.ebglaw.com/dhc94). Listen to the series and subscribe for email notifications: http://diagnosinghealthcare.com (http://diagnosinghealthcare.com/). - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. DIAGNOSING HEALTH CARE® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

2. 

   16 Apr 2026

   DOJ's Bulk Sensitive Data Transfer Rule: Key Insights for Health Care Compliance Teams

   What health care and life sciences organizations need to know: "Bulk" Has a New Definition: The volume thresholds under the U.S. Department of Justice's (DOJ's) Bulk Sensitive Data (BSD) Transfer Rule are surprisingly low—sharing genomic data on just 100 people can trigger compliance requirements, catching many organizations off guard. HIPAA Compliance Is Not Enough: The BSD Transfer Rule creates an entirely new compliance layer that goes beyond existing privacy frameworks, such as the Health Insurance Portability and Accountability Act (HIPAA), applying even when data has been de-identified or anonymized. It's About Access, Not Just Transfers: Simply giving a foreign vendor, board member, or investor the ability to view sensitive data can trigger the BSD Transfer Rule—no formal data-sharing agreement is required. In this episode of Diagnosing Health Care®, Epstein Becker Green attorneys Laura DePonio, Elizabeth McEvoy, and Elena Quattrone walk health care and life sciences organizations through the DOJ's BSD Transfer Rule—from scoping and compliance to enforcement risks and exemptions. Navigate BSD Transfer Rule Compliance with Confidence: Our team has developed specific tools and advisory services to help organizations like yours understand their obligations under the BSD Transfer Rule, assess risk, and implement compliant data practices. Check out our free resource center: https://explore.ebglaw.com/resources/doj-bulk-sensitive-data-transfer-rule/ Visit our site for related resources and email contact information: https://www.ebglaw.com/dhc93 (https://www.ebglaw.com/dhc93). Listen to the series and subscribe for email notifications: http://diagnosinghealthcare.com (http://diagnosinghealthcare.com). - Epstein Becker Green is a national law firm that focuses its resources on health care, life sciences, and workforce management solutions, coupled with powerful litigation strategies. This video is for informational purposes only and does not constitute legal advice. Viewing this video does not create an attorney-client relationship. DIAGNOSING HEALTH CARE® is a registered trademark of Epstein Becker & Green, P.C. © Epstein Becker & Green, P.C. All Rights Reserved. Attorney Advertising.

3. 

   11 Dec 2025

   The Down-Low on Data for Value-Based Enterprises and Their Participating Providers

   Value-based enterprises depend on timely, accurate data, yet the rules that govern how that data moves between the Centers for Medicare & Medicaid Services (CMS), accountable care organizations, payors, and providers remain complex and often inconsistent. On this episode, Epstein Becker Green attorneys Kevin Malone and Karen Mandelbaum unpack the regulatory frameworks shaping data exchange in value-based care. They outline how federal privacy laws, CMS rules, the Health Insurance Portability and Accountability Act (HIPAA), and state requirements intersect; why CMS-sourced data operates under a different regime than Medicare Advantage; and where organizations face the biggest operational hurdles when using, sharing, and governing data across large networks. Key Takeaways: Distinct Legal Frameworks: CMS data is controlled by the Privacy Act, while Medicare Advantage data falls under HIPAA. Disclosure Tracking Requirements: CMS data use agreements demand strict tracking and downstream compliance. Operational Data Challenges: Silos and uneven data quality remain major barriers to effective value-based care. Tune in to learn how today's rules shape data access, data quality, and the real-world mechanics of value-based care. Visit our site for related resources and email contact information: https://www.ebglaw.com/dhc92 (https://www.ebglaw.com/dhc92) Subscribe for email notifications: https://www.ebglaw.com/subscribe. Visit: http://diagnosinghealthcare.com. - This podcast is presented by Epstein Becker & Green, P.C. All rights are reserved. This audio recording includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances, and these materials are not a substitute for the advice of competent counsel. The content reflects the personal views and opinions of the participants. No attorney-client relationship has been created by this audio recording. This audio recording may be considered attorney advertising in some jurisdictions under the applicable law and ethical rules. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Reach and audience

Public platform figures. Ratings count people who left a rating, not total listeners.

YouTube views

308,649

Score snapshot 15 Sept 2025

Apple Podcasts (US)

5.0 / 5

9 ratings

Spotify

5.0 / 5

4 ratings

Podcast Authority Score: 66 / 100

A composite of feed quality, social presence, YouTube performance and engagement. Read the methodology.

Quality

65

Social presence

0

YouTube

86

Engagement

82