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.
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.
On July 27, 2020, Pennsylvania State Senator Lisa Baker (R, Dist. 20) introduced Senate Bill 1239, which the Pennsylvania State Senate referred to its Senate Judiciary Committee.
The False Claims Act allows whistleblowers to pursue cases even if the Justice Department decides not to intervene.
. The new law allows nonprofits to increase the rate at which they spend their endowments for three years, and allows them and their donors to relieve restrictions on gifts indefinitely.
The new forms can be used to comply with the many technical nuances of the FMLA. As with the prior versions, the DOL forms are voluntary.
Using funds provided under the federal CARES Act, the Pennsylvania Department of Community and Economic Development has announced a "COVID-19 PA Hazard Pay Grant Program."
The state’s response to the COVID‑19 pandemic appears to have been timely and largely effective.
The new guidelines outline how the Agencies will evaluate whether vertical mergers violate the federal antitrust laws and replace the DOJ’s 1984 Non-Horizontal Merger Guidelines.
On June 19, 2020, CMS issued additional FAQs to clarify the process for billing outpatient hospital services provided by hospital clinical staff in the patient’s home using telecommunication technology during the COVID-19 public health emergency.
The PPP Flexibility Act modifies the Paycheck Protection Program to make it easier for borrowers to achieve forgiveness of PPP loans by extending critical timelines and easing certain restrictions.
Unlike PA-HAN-508, which addressed the transmission of COVID-19 in skilled nursing facilities, this updated and expanded guidance applies more broadly to all long-term care facilities.
Since the COVID-19 outbreak began, many states have acted to protect their health care workers and facilities by providing them with civil, and, in some instances, criminal, immunity in connection with their fight against COVID-19.
On May 12, 2020, the Pennsylvania Department of Health (“DOH”) released new guidance announcing a universal testing strategy for Skilled Nursing Facilities in the state intended to help prevent and control infection in long-term care facilities.
The New Jersey Department of Health launched a pilot program last month aimed at testing all 3,700 residents and staff at 16 southern New Jersey long-term care facilities.