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.

Covid Virus

The Families First Coronavirus Response Act (H.R. 6201): Key Provisions for Employers

This piece of legislation will extend additional assistance and protections to individuals and businesses affected by the COVID-19 crisis.

Medicaid Fiscal Accountability Regulation Receives Widespread Rebuke from Industry and States

The matching structure at the heart of the Medicaid program creates an inherent tension between federal and state financing of the program.

Is Your Company Prepared for the COVID-19 Coronavirus?

With the likelihood of its further proliferation in the coming weeks and months, employers need to be prepared to face myriad issues related to COVID-19.
man talking to doctor on phone video chat

New Tele-Behavioral Health Guidelines

Prior to the issuance of this Bulletin, only Medicaid-enrolled psychiatrists and licensed psychologists in the Behavioral Health HealthChoices Program were covered to use telehealth technology to provide behavioral health services.
nurse holding patients hands

Nursing Homes Should Expect Stricter Enforcement

Enhanced enforcement is the agency’s next step in the previously announced five-part initiative to improve nursing home quality and safety standards.
Stethoscope on Money

Why U.S. Health Care Has So Many Payment Methodologies

There are various, often incompatible, models from which to choose, and competing incentives that pull you, as the decision-maker, in different directions.
medical records folders

Fee Limits for Third-party Medical Record Requests Struck Down by Federal Court

HIPAA covered entities and business associates that fulfill release of information requests on behalf of covered entities should review their current policies and procedures.
Changes to HSR Reportability

Being Rural Can Be Stark-Friendly

There actually is a Stark exception for ownership arrangements that may be applicable in certain locations around the country.
Outline of Certain Tax Reform

DOJ and FTC Announce Draft Vertical Merger Guidelines

Once finalized, after the thirty (30) day comment period, the Vertical Merger Guidelines will provide greater clarity and transparency on how the DOJ and FTC analyze vertical merger transactions.
Department of Labor

Are You a Joint Employer? DOL Announces New Rule

The rule revises its previous test for determining when more than one employer bears joint blame for pay and other legal violations.
Pregnant lady

New Jersey Court Addresses Legal Protections for Pregnant Workers

While the Delanoy opinion provides some guidance to employers it leaves other questions unanswered.
Health care law

Pennsylvania Lawmakers Announce Plan to Adopt State False Claims Act

The legislation would incentivize private individuals with knowledge of Medical Assistance fraud, waste, and abuse to come forward as whistleblowers and bring lawsuits on the Commonwealth’s behalf.
CMS Issues Final Rule

Patient Test Results Information Act – Act 112 of 2018

The Act requires facilities that perform diagnostic imaging services to provide written notice to the patient or the patient’s designee if the facility determines that a “significant abnormality” may exist.
Puzzle pieces fitting together

Eight Potential Issues to Address (Long) Before Selling Your Practice

In this post are eight common issues that you should consider addressing in advance of engaging a broker, soliciting bids or otherwise negotiating or pursuing a sale transaction.
man writing something on paper at a desk

Signer Beware: A “Nonbinding” Letter of Intent or Preliminary Agreement May Be Binding

Under state law, even a self-declared “nonbinding” preliminary agreement may be deemed binding and obligate the parties to consummate the transaction contemplated by the preliminary agreement.
Practical Guidance for Health Care

HHS Attorneys Address How SCOTUS’s Recent Allina Decision Impacts Enforcement Practices

The memo signals, as expected, that we will likely see HHS and CMS engage in more formal notice-and-comment rulemaking.
pen laying on a clipboard

Five Tips for Making Sure Your Leases Are Stark Law Compliant

These tips will help you avoid some of the issues that we frequently see when reviewing leases as part of due diligence in health care transactions.
reimbursements

Home Health Reimbursement in 2020

The home health industry is bracing for impact as one of the most significant changes to home health agency operations since the late 1990s is set to go into effect on or about January 1, 2020.

The Evolution of the Writing and Signature Requirements of Certain Exceptions to the Stark Law

The Stark Law is the common name for a section of the Social Security Act that prohibits physicians from referring Medicare patients for designated health services to entities with which the referring physician has a financial relationship.
blue notepad titled affordable care act

What is Happening with the ACA in 2020?

The Affordable Care Act not only continues for now, but shows signs of strengthening in some of its components.
Doctors Walking Through Shared Space

Innovative Hospitals = Micro-Hospitals in Pennsylvania

Pennsylvania might just be working toward more flexibility in its licensing of micro-hospitals, albeit CMS rules and requirements will still apply.
doctor looking at a tablet

Proposed Changes to Electronic Health Records (EHR) Exception and Safe Harbor

On October 9, 2019, two agencies of the U.S. Department of Health and Human Services each released a set of wide-ranging and significant proposed rules.
Status Revoked for 501

HHS, OIG and CMS Issue Advance Copies of Proposed Regulatory Changes to Stark Law, Anti-Kickback Statute and Civil Monetary Penalties Rules

The proposed rules follow HHS’ solicitation of information via two separate notices requesting information on potential modifications to the Stark Law exceptions to promote value-based care and reduce regulatory burdens in June 2018 and potential changes to the
Payment Rates

Relief from Reduced Payments to Grandfathered Off-Campus Provider-Based Departments

A U.S. District Court vacated the portions of CMS’s Final Rule that reduced the payment rate for hospital clinic visits provided at grandfathered off-campus provider-based departments to equal the rate for similar services provided in physician office settings.
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