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.

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.
notepad on a boardroom table

Deciding on Decision-Making Processes for Health Care Joint Ventures

Often times, a sticking point in negotiations is how to divide voting rights, representation and other governance/decision-making responsibilities.
Shelf filled with manila folders

Q&A: You’re Selling Your Practice — What About the Medical Records?

Most states require that physicians provide patients with access to copies of their medical records. These obligations do not disappear upon the sale of a practice.

CMS Issued Final Rule with Comment Period Requiring Disclosure by Providers and Suppliers of Certain Affiliations

The final rule will be effective November 4, 2019 and any comments to the final rule must be received by CMS by November 4, 2019.
cyber attack on timekeeper background image

New Jersey Wage Theft Act Increases Employer Burdens

The WTA aims at penalizing employers who do not pay their workers wages due to them and expands the time period for bringing wage claims from two to six years.
Status Revoked for 501

HHS Proposes Changes to Regulations Governing Confidentiality of Substance Use Disorder Patient Records

The proposed changes are intended to support better care coordination by reducing regulatory burdens to accessing and recording addiction treatment information, while maintaining privacy safeguards.
lady justice statue holding a scale

Pennsylvania Supreme Court Articulates New Standard for Waiver of the Attorney Work Product Doctrine in Suit against Pennsylvania Health System

In connection with a case involving a peer review investigation of a cardiologist, the Pennsylvania Supreme Court recently articulated a new standard for waiver of the attorney work product doctrine.

Changes to PA Regulations on Psychiatric Outpatient Clinics and Services

The primary areas of change are in psychiatric time, staffing patterns and timeframes for developing and updating treatment plans.
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