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.
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The Final Rule addresses three Interim Final Rules with Comment implemented during the COVID-19 Public Health Emergency.
In a unanimous decision, the U.S. Supreme Court ruled that the False Claims Act’s scienter element refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed.
The Amendment was enacted as a measure in response to private equity investment in health care and to address a perceived lack of oversight and regulation of private investment in Healthcare Entities.
On May 23, the D.C. District Court issued an order granting LCMC’s request to have the case transferred.
Regarding inpatient admissions specifically, CMS’ Final Rule confirms that the two-midnight condition set forth in the traditional Medicare regulations applies likewise to MA coverage requirements.
The Sixth Circuit issued an order denying the request for a rehearing of a case involving a hospital’s decision not to hire an ophthalmologist in return for a general commitment of continued surgery referrals from another ophthalmologist.
On May 1, CMS issued guidance regarding the May 11 expiration of the COVID-19 public health emergency.
While it anticipated that LCMC and HCA will file motions requesting that the FTC’s case be transferred to the Eastern District of Louisiana, it is not clear at this juncture which court will ultimately adjudicate the pending suits.
Axon is now free to immediately pursue its constitutional challenges to the FTC processes/structure, the implications of which are significant to the health care industry.
Two recently decided federal court cases hone in on the proper interpretation and application of three critical components of the Anti-Kickback Statute.
Centers for Medicare & Medicaid Services issued a number of proposed rules that would materially impact reimbursement rates for skilled nursing facilities (SNFs), inpatient psychiatric facilities (IPFs) and inpatient rehabilitation facilities (IRFs).
This overview spotlights key details about avoiding federal Stark Law violations when a hospital needs to recruit more physicians to their area.
A recent U.S. District Court decision provides a good example of how federal courts will apply the public disclosure/original source rules in whistleblower cases alleging that health care providers violated the False Claims Act.
Since the Stark Law is a strict liability statute, with significant civil penalties for violations, this immediate compliance requirement should be noted by parties currently relying on a blanket waiver to protect an arrangement.
Parties to a covered transaction would be well-advised to develop strategies to predict and avoid pitfalls, in addition to assuring compliance with legal requirements. We examine Key workforce, logistical and messaging considerations.
The Public Health Emergencyarising from the COVID-19 pandemic will officially end May 11, 2023. The Biden administration will attempt to advance a number of priorities that resulted from COVID-19.
In the context of a minor patient’s consent to inpatient behavioral health treatment, Pennsylvania law and regulations address parental notice and objection rights, but it is not so clear in the outpatient context.
Effective February 1, 2023, the DOH issued a “notice and opportunity to comment” on a new regulation for LTC facilities that plan to undergo a change in ownership.
Passage of the Bill would vest substantial authority in the DOH to scrutinize Material Transactions and apply additional, material conditions on Health Care Entities that wish to consummate covered transactions.
Providers should adjust merger plans and advocacy to recent DOJ enforcement actions rather than "outdated" statements.
New Jersey’s “Change of Ownership” (CHOW) requirements in health care transactions span a range of employment, employee benefits and notification obligations.
New Jersey’s “Change of Ownership” (CHOW) requirements in health care transactions span a range of employment, employee benefits and notification obligations.
Cross-market mergers have received increased attention among health care economists and lawyers and as of late have received the increased interest of the enforcement agencies.
Under certain parameters, professional and administrative services outside of those covered by Anti-Kickback Statute safe harbors can be provided for free to referring physicians.