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.

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 Concerns as New Jersey and Utah Health Systems Abandon Proposed Mergers

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

FTC Seeks to Block Hospital “Mergers” in New Jersey and Utah

PA hospitals and behavioral health providers that received payments under Act 2 of 2022 are required to report specific information to DHS
gavel and stethoscope

Upcoming Deadlines for PA Hospitals and Behavioral Health Providers to Spend and Report Act 2 of 2022 ARPA Funds

PA hospitals and behavioral health providers that received payments under Act 2 of 2022 are required to report specific information to DHS
Doctor with physician burnout

Six Ways to Mitigate Health Worker Burnout Per U.S. Surgeon General Advisory

We outline key recommendations that may serve as a helpful starting point for health care providers and others to formulate a health care burnout mitigation strategy.
Elderly Couple Behavioral Health

New Federal Grant Targets Behavioral Health Services at Nursing Home and Long-Term Care Facilities

The Department of Health and Human Services announced almost $15 million in funding to strengthen the delivery of behavioral health care services to residents of nursing homes and long-term care facilities.
Operating Room Technology

OIG Anti-Kickback Opinion Examines Physician Ownership of Medical Device Manufacturer and Referrals

OIG issued Advisory Opinion 22-07 delves into whether physicians who have an ownership interest in a medical device company are at risk for anti-kickback sanctions.
Capitol Building Image

Bipartisan Mental Health Legislation Awaits House Vote

Legislation includes provisions that address mental health concerns in children and focus on expanding access to mental health care.

Policy Considerations for Voice-Controlled Devices Used in Senior Care Facilities

We examine key privacy rights considerations as well as best practices for shaping effective policies for voice-controlled device usage in senior care settings.
Mergers and Acquisitions

How Does the Third Circuit Analyze Hospital Mergers?

We examine how the FTC and courts such as the Third Circuit currently analyze proposed hospital mergers.
reports with magnifying glass

Key Issues in Direct Health Care Contracting with Employers

We examine a list of some high-level questions for health care providers to consider when directly contracting with employer plans.
Pharmacy Drugs

NJ Codey Law Updates – The End of the In-Practice Pharmacy?

The Superior Court of New Jersey, Appellate Division, upheld in an unpublished opinion that a medical practice may not own an in-practice pharmacy to which the physician owners refer patients.
gavel and stethoscope

PA Department of Health Defines Factors and Uses for “Innovative Hospital Models”

There is now a clear understanding what a hospital must do to operate Micro-Hospitals, Outpatient Emergency Departments and Tele-Emergency Departments.
Pile of Medical Bills

Federal Judge Throws Out Portions of “Surprise” Medical Billing Rule

A federal judge in Texas threw out parts of the No Surprises Act rule that established the arbitration process supported by Congress meant to protect patients from surprise medical bills.
Updated FAQ on Corporate Integrity Agreements Details Obligations for Reportable Event Disclosures

HIPAA Privacy Rule May Allow Stopgap to Subpoenas That “Order” Personal Health Information

Handling PHI requests from third parties is commonplace. However, it can be a bit intimidating to get a subpoena seeking PHI — not least given the subtle threat in the word itself.
Chat Bot on a Cellphone

Chat Bots in the Life Sciences – Engagement Opportunity or Compliance Liability?  

As life science companies begin to leverage technologies, they must balance the use of health care provider engagement technologies, like chat bots, with certain risks.
Immigration Solutions for Today's Workforce

H-1B Fiscal Year 2023 Is Here

For Fiscal Year 2023, H-1B electronic registration for employers will open at noon EST on March 1, 2022, and run through noon EST on March 18.
two cities as puzzle pieces merging together

Key Takeaways: CMS’s Final Guidance on Hospital Co-Location

On November 12, 2021, the Centers for Medicare & Medicaid Services (CMS) issued final co-location guidance for hospitals and other health care facilities.
reports with magnifying glass

Delaware Primary Care Update

Updates emphasize the need for greater participation in alternative payment models, increased utilization of value-based payment, and cost containment driven by primary care investment.
lightbulbs hanging

Comment Opportunity: FTC and DOJ Request Input on Mergers and Acquisitions

This Request provides an opportunity for the health care sector to provide comments to the FTC and DOJ.
paper says payroll tax next to calculator

LLCs Remain a Strategic Option for Tax-Exempt Health Care

A recent IRS notice has reinvigorated the discussion around utilizing limited liability companies (LLCs) in connection with Section 501(c)(3) tax-exempt organizations.
Stethoscope on Money

It’s 2022 — Are You Ready for Group Practice Changes?

Group practices gain notable opportunities in distributing Designated Health Services (DHS) profits and productivity bonuses.
compass laying on blueprints

Infrastructure Deal Includes Grants for Nonprofits to Make Energy-Efficient Upgrades

The Act specifically contemplates the installation of materials on buildings that reduce the building’s use of fuel and other energy.
Updated FAQ on Corporate Integrity Agreements Details Obligations for Reportable Event Disclosures

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

The Corporate Integrity Agreements FAQ clarifies which disclosure protocols suit certain Reported Events.