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.
There are a few important provisions that provide some new authority for the Federal Trade Commission (FTC) that may lead to more merger challenges in health care.
OCR Director Roger Severino said that the Guidance “highlight how HIPAA supports the use of health information exchanges in sharing health data to improve the public’s health” during the COVID-19 public health emergency.
Identifying appropriate payors and negotiating and operationalizing successful payor contracts requires careful and comprehensive planning.
CMS re-issued certain FAQs to assist providers in avoiding incorrect billing for outpatient services provided within 3 days before, on the date of, or during the admission.
HHS, via CMS and the OIG, formally published long-awaited final regulations aimed largely at modernizing and clarifying various aspects of the Stark Law, Anti-Kickback Statute and Civil Monetary Penalty Law.
The OIG listed in the Special Fraud Alert the following characteristics of a company-sponsored event that when “taken separately or together, potentially indicate a speaker program arrangement that could violate the anti-kickback statute.”
Key changes under the Medicaid and Children’s Health Insurance Plan Managed Care Final Rule are set to take effect December 14, 2020.
Tomorrow, the United States Supreme Court will hear oral arguments for their seventh review of the legality of the Affordable Care Act.
The proposed rule has been referred to by HHS Chief of Staff, Brian Harrison, as “the boldest and most significant regulatory reform effort ever undertaken by HHS.”
The new timeline is in recognition of ongoing efforts to address the effects of the COVID-19 pandemic.
When reviewing any issue in PA involving the disclosure of SUD information, it’s important to remember the broad application (through reference) of Section 255.5.
The enormous surge in the use of telemedicine as a result of the COVID-19 pandemic has also resulted in increased attention by federal regulators to potential fraud and abuse schemes by telemedicine providers.
Given the very trying times due to the COVID-19 pandemic, many employers are looking for ways to provide financial relief to their employees in a tax-advantaged manner.
Health care providers who obtained Medicare Accelerated and Advance Payment Program (“MAAPP”) loans received welcome relief from the Continuing Appropriations Act, 2021 and Other Extensions Act.
On July 16, 2020, the Delaware Department of Health and Social Services issued its Strategic Plan, which focuses on efficiency and accountability reflecting the priorities of Governor John Carney’s Government Efficiency and Accountability Review Board.
Health care providers should take heed of the message and the guidance HHS/OCR and the ONC have made available to ensure that the necessary HIPAA Privacy and Security Rule measures are in place.
If history repeats itself, this bill won’t likely get much traction, but on September 15, 2020, the Pennsylvania House of Representatives, Committee on Professional Licensure, recommended that House Bill 2636 be referred to the House Health Committee.
There are myriad questions that arise when a physician considers selling out. And there are lots of reasons to sell. But, before moving forward, physicians should consider the following.
On September 2, 2020, CMS issued an interim final rule with comment period enacting regulations related to, among other things, COVID-19 reporting and testing by Medicare and Medicaid health care providers and related enforcement of those requirements.
November 2, 2020 is the deadline by when certain provisions of the 21st Century Cures Act implementing regulations come into effect.
On August 27, 2020, the Centers for Medicare & Medicaid Services (CMS) announced that it was extending the timeline for finalizing its proposed changes to the Stark Law until August 31, 2021.
The CIB is the latest in CMS’s continued focus on safeguarding nursing home residents from the ongoing COVID-19 public health emergency.
Essentially, the FMV Exception requirements are the basic Stark Law elements without any “extras” added.
On August 3, 2020, a Federal District Court in New York struck down certain aspects of the regulations issued by the U.S. Department of Labor implementing the Families First Coronavirus Response Act.