February 2016

Last week, the Hollywood Presbyterian Medical Center was able to successfully negotiate the release of a collection of system resources and data files that had been encrypted and held hostage by ransomware attackers. Ransomware is a peculiar type of malware that is not designed or intended to steal personal or confidential information. Rather, ransomware is built to exploit the inherent value assigned to data security and control, by taking it away from the user. It does this by combing for critical system files and potentially valuable user data (word documents, excel spreadsheets, pdf files, outlook messages, and the like).  As these target files are identified, a strong encryption algorithm is applied to prevent infected computer systems from properly functioning while inhibiting bewildered users from accessing their own files, unless and until the attackers are paid to provide the decryption key.

On February 22, the Centers for Medicare and Medicaid Services (CMS) announced its intention to further enhance CMS’s ability to screen providers and suppliers enrolling or currently enrolled in Medicare for compliance with Medicare enrollment requirements. Specifically, CMS will strengthen existing screening measures by increasing the number of site visits to Medicare enrolled providers and suppliers, enhancing address verification software in CMS’s Provider Enrollment Chain and Ownership System (PECOS), analyzing enrollment data to identify and deactivate certain providers who have not billed Medicare within the last 13 months, and monitoring and identifying potentially invalid addresses contained in initial enrollment applications.

Food labelling has long been a vexed question in many countries for governments, consumers, food producers and retailers alike. In Australia, the regulation of food labelling was substantially overhauled by the Food Standards Australia New Zealand (FSANZ) Code in 2013, with the 3 year phase in period for these changes recently ending. The difficulty that has been felt in applying the Code is clear from the considerable debate over the changes and their application, as well as the various calls for an extension to the 3 year transition period. Importantly, although the Code covers nutritional and health claims, it does not extend to regulation of the terms such as ‘natural’ in food labelling.