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.

Updated FAQ on Corporate Integrity Agreements Details Obligations for Reportable Event Disclosures

HHS Proposes Updates to “Part 2” Regulations on Substance Abuse Record Confidentiality

Proposed changes to Part 2 include updates to consent requirements, redisclosure permissions, patient rights, enforcement and others.
Mergers and Acquisitions

The Supreme Court Hears Oral Argument in Axon v. FTC

Following oral arguments in Axon v. FTC, numerous questions and comments by the Court indicate that it may ultimately side with the petitioners.
person looking at medical information on iphone

Pennsylvania Permanently Allows Audio-Only Behavioral Health Services

House Bill 1630 made permanent the relaxation of regulatory requirements regarding telehealth behavioral health services provided on an “audio-only” basis.
gavel and stethoscope

2022 Guidance on No Surprises Act Compliance

We examine numerous updates and changes regarding the No Surprises Act (NSA) and the subsequent compliance implications.
Mergers and Acquisitions

Challenging the Constitutionality of the FTC’s Fundamental Structure/Processes

Health care providers and others in health care contemplating merger and other transactions subject to FTC review should be ready for significant implications arising from Axon Enterprise, Inc. v. Federal Trade Commission.
Stethoscope on Money

Selling Your Health Care Practice? Consider Timing and Effort Before Saying “Yes”

For a number of reasons, the calendar is among most effective tools for advancing a transaction from “potential transaction” to a “closed transaction.”

Is PA Getting Closer to Eliminating Noncompetes for Health Care Practitioners?

New legislation is intended to help retain health care practitioners in the Commonwealth and maintain continuity of care.
Outline of Certain Tax Reform

Expanding Support for Pediatric Mental Health Care

President Biden has prioritized strengthening and expanding the Pediatric Mental Health Care Access Awards program, according to the Secretary of the United States Department of Health and Human Services.
two cities as puzzle pieces merging together

Dissolving a New York Not-For-Profit Corporation Without Assets

Many of the steps are straightforward and expected, but it is important that you understand the commitment of time necessary to finally get that receipt from the NY Department of State that the entity is officially dissolved.
Mergers and Acquisitions

COPA-Like Agreements in Pennsylvania and COPA Rules in Neighboring States

We examine COPA-like agreements in Pennsylvania where health systems seeking to merge as well as a COPA rules in neighboring states.
FTC building

Federal Trade Commission Policy Paper Takes Hard Stance Against Certificates of Public Advantage

In the recently issued Policy Paper and based in part on the empirical evidence that it gathered, the FTC vigorously disputes the claimed justifications for COPAs.
Mergers and Acquisitions

Possible Changes to the 2010 Merger Guidelines Regarding Pro-Competitive Efficiencies

The questions posed by the Agencies serve as a useful roadmap for hospital systems considering a merger and addressing the issue of pro-competitive benefits.
Test Tubes for Clinical Trial

FDA Working to Encourage Diversity and Equity in Clinical Trials 

The FDA has recently made efforts to encourage more diversity and equity in clinical trials by releasing “Diversity Plans to Improve Enrollment of Participants from Underrepresented Racial and Ethnic Populations in Clinical Trials.” 
Pile of Medical Bills

Federal Judge Throws Out Yet Another Portion of “Surprise” Medical Billing Rule

Judge Jeremy Kernodle of the U.S. District Court for the Eastern District of Texas decided to throw out another portion of the “No Surprise Act” in Lifenet, Inc., v. United States Department of Health and Human Services
person looking at medical information on iphone

Overview of HHS Guidance on Audio-Only Telehealth Services

HHS recently issued guidance on telehealth services through audio-only mediums that clarifies how covered entities can provide, with HIPAA compliance, services through audio-only telehealth appointments.
Stethoscope on Money

Medicare Boosts Payments for Hospices, Rehabs and Psychiatric Facilities

The Biden administration recently released three final rules that provide for an aggregate $1.19 billion increase in Medicare payments for hospices, rehabilitation facilities, and psychiatric facilities.
Mergers and Acquisitions

Tying, Tiering, Steering and Gag Clause Issues Front and Center Again

Following a spate of completed merger transactions, complaints have been filed by purchasers of health care services alleging monopolization of power

Updates to PA Mental Health and Substance Use Disorder Confidentiality Laws

Providers must ensure that patient information disclosures comply with the stricter confidentiality provisions of PA laws.

36 Charged in Telehealth Fraud Schemes

The OIG encourages practitioners to exercise caution when entering into arrangements with telemedicine with “suspect” characteristics.

Physician Reporting: Navigating Workers’ Compensation and HIPAA in PA

We examine how necessary worker's compensation disclosures comport with HIPAA’s privacy protections in Pennsylvania.
Rural Emergency Room

Should You Be a Rural Emergency Hospital?

The federal assistance opportunities for Rural Emergency Hospitals may prompt facilities to transition to this model -- we delve into their requirements. 
gavel and stethoscope

Outpatient Psychiatric Oversight Law Changes on the Horizon

A summary of some key takeaways from each piece of legislation that affects particular health care facilities.
Medical stethoscope

Coverage and Funding Details of the Healthy Delaware Families Act

 The Act provides a 12‑week paid family and medical leave program, financed by the State’s paid leave trust fund. We analyze key coverage and funding details.
Mergers and Acquisitions

FTC Reemphasizes Antitrust as NJ and Utah Abandon Proposed Mergers

Holly Vedova, the FTC’s Bureau of Competition Director, issued statements announcing that both mergers have been called off.