Health Law Observer

Timely insights and legal commentary on various health care issues and developments surrounding regulations, employment, transactions and a range of key industry matters. This blog is maintained by the Health Care Department of Stevens & Lee.

magnifying glass and calculator

Budget Negotiations May Delay Payments from the PA Department of Aging, DDAP, DOH or DHS

Human services organization or health-related entities that receives state funding may have payments delayed over the next six weeks.
Supreme Court

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

The case has broad applicability to federal regulatory agencies generally whenever Congress delegates authority to those agencies to implement federal law.

Another Step Toward Overruling Humphrey’s Executor and Granting Plenary Presidential Removal Authority

The order again portends that the Supreme Court will overrule or otherwise render dead Humphrey’s Executor — a decision that has assured the independence of the FTC.
decorative

Pennsylvania House Bill Takes Aim at Private Equity in Health Care

HB 1460 would allow the PA Attorney General to review and potentially block mergers and acquisitions of health care entities involving private equity companies and other for-profit entities.
Metal wheels spinning

FTC Requests Additional 60 Days to Consider Dropping Defense of Noncompete Ban

The most recent request for the additional 60 days is based on the fact that the composition of the Commission has again changed.

New Changes to Medicare and Private Prior Authorization Processes

These changes aim to reduce the prevalence of fraud, waste and abuse in Medicare services and fix administrative inefficiencies for providers and patients.

HHS and DOJ Announce False Claims Act Joint Working Group and Identify Enforcement Priorities

These compacts will significantly streamline the process by which PA-licensed medical professionals can practice in other states, and vice versa.
doctor's white coat

Pennsylvania to Join Three Interstate Health Care Licensure Compacts

These compacts will significantly streamline the process by which PA-licensed medical professionals can practice in other states, and vice versa.

HIPAA Final Rule on Reproductive Health Care Privacy Struck Down

U.S. District Court vacates HHS’ Final Rules modifications of HIPAA regulations related to reproductive health care privacy.
decorative image depicting medation

Navigating Interstate Entity Issues: Corporate Practice of Medicine and Ownership Considerations

Proactively analyzing corporate practice of medicine and ownership requirements can reduce legal issues when commencing operations in new markets.
stethoscope and money

CMS Issues Updated Hospital Price Transparency Guidance and Related RFI

CMS released new guidance, and asked for input, on standards to bolster the transparency of pricing for hospital services and items.

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

This decision will have a major impact on how FTC and federal antitrust laws are applied to health care providers.

NY Department of Health Provides Guidance Regarding Material Transactions Law

Certain health care entities involved in a transaction that increases gross, in-state revenue to at least $25 million must provide written notice of the transaction to the NY Department of Health

U.S. Supreme Court Readies to Decide an Important Separation of Powers Issue

We reexamine oral arguments and issues surrounding a case that could dramatically change how Congress may empower regulatory agencies to promulgate regulations and fund and operate their programs.

Presidential Memorandum Calls for Scrutiny and Fast-Track Repeal of Regulations

This review-and-repeal effort prioritizes the evaluation of the lawfulness of existing regulations in light of 10 recent U.S. Supreme Court decisions.
Rules and regulations book. Law, rules and regulations concept. 3d illustration

FTC Launches Public Inquiry – Anticompetitive Regulations on the Chopping Block

The RFI invites public comment on issues or concerns regarding regulations that can operate to exclude new market participants, protect dominant incumbents and predetermine economic winners and losers.
Judge's gavel with clock and calendar on table

DOJ Launches Task Force to Identify and Eliminate Anticompetitive Laws and Regulations

The formation of the Task Force comes just weeks after the Commission issued guidelines explaining how it will assess whether business practices affecting workers violate the antitrust laws.
Rural Emergency Room

Standards Loosened for PA First Responders to Claim Workers’ Compensation for Post-Traumatic Stress Injury

Organizations employing qualified first responders should remain mindful of the upcoming change and be prepared to address claims arising from qualifying traumatic events.

U.S. HHS Announces Closure of Six Regional Locations of the Office of the General Counsel

Medicare, Medicaid and other federal health care program providers and suppliers can anticipate changes and potential delays in regulatory, enforcement and compliance actions.

Can Pennsylvania Certified Registered Nurse Practitioners Own a Medical Practice Solo?

While certain laws and regulations do not expressly permit a CRNP to own and operate their own medical practice, they do leave open enough room for a CRNP to do so.

New Labor Task Force to Investigate and Prosecute Unfair and Anticompetitive Labor Market Conduct

The formation of the Task Force comes just weeks after the Commission issued guidelines explaining how it will assess whether business practices affecting workers violate the antitrust laws.
Rural Emergency Room

Urgent Care Centers Must Now Comply With Pennsylvania Newborn Safe Haven Law

Urgent care centers must now accommodate Pennsylvania's Newborn Protection Act through policies, training and updates to its premises.
stethoscope on book

Federal Court: No Sherman Act Violation Absent Anticompetitive Conduct and Anticompetitive Effects

Notably, this case emphasizes that claims alleging anticompetitive conduct must show anticompetitive harm, not just intent behind the conduct.

First Circuit Rules Against Government in False Claims Act Case

The ruling in this case makes it more difficult for the government or whistleblower to prove a False Claims Act violation in the presence of an Anti-Kickback Statute violation and to recover damages.
Close