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.
These efforts aim to permit health care entities to provide wellness programs to assist physicians and other clinicians seeking help for their mental health.
The DOJ and FTC jointly issued a draft update of their Merger Guidelines intended to describe and guide the Agencies’ review of mergers and acquisitions to determine compliance with federal antitrust laws.
The Federal Trade Commission announced that it was withdrawing two antitrust policy statements related to enforcement in health care markets.
The Patient Safety Act proposes specific patient-to-nurse staffing ratios, staffing plans and reporting requirements for Pennsylvania hospitals, as well as protections for nurses in noncompliant hospitals.
New Jersey’s First Hospital-Based Supportive Housing Opened Via Pioneering State Partnership Program
Barclay Place is a 56-unit housing community where supportive services are offered by St. Joseph’s Health.
The Court may have opened a door to what will ultimately become intense disagreement between the Government and relators on the one hand and FCA defendants on the other as to the meaning of the term “knowingly” as used in the FCA.
The Federal Trade Commission on June 27 issued a proposed rule pursuant to which it would amend its Hart-Scott-Rodino Act form and instructions and in so doing make major “top-to-bottom” changes for the first time in 45 years.
The key question is a burden of proof question because it involves the definition of the term “remuneration,” without which there can be no AKS violation.
In a unanimous decision, the U.S. Supreme Court ruled that the False Claims Act’s scienter element refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed.
The Final Rule addresses three Interim Final Rules with Comment implemented during the COVID-19 Public Health Emergency.
In a unanimous decision, the U.S. Supreme Court ruled that the False Claims Act’s scienter element refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed.
The Amendment was enacted as a measure in response to private equity investment in health care and to address a perceived lack of oversight and regulation of private investment in Healthcare Entities.
On May 23, the D.C. District Court issued an order granting LCMC’s request to have the case transferred.
Regarding inpatient admissions specifically, CMS’ Final Rule confirms that the two-midnight condition set forth in the traditional Medicare regulations applies likewise to MA coverage requirements.
The Sixth Circuit issued an order denying the request for a rehearing of a case involving a hospital’s decision not to hire an ophthalmologist in return for a general commitment of continued surgery referrals from another ophthalmologist.
On May 1, CMS issued guidance regarding the May 11 expiration of the COVID-19 public health emergency.
While it anticipated that LCMC and HCA will file motions requesting that the FTC’s case be transferred to the Eastern District of Louisiana, it is not clear at this juncture which court will ultimately adjudicate the pending suits.
Axon is now free to immediately pursue its constitutional challenges to the FTC processes/structure, the implications of which are significant to the health care industry.
Two recently decided federal court cases hone in on the proper interpretation and application of three critical components of the Anti-Kickback Statute.
Centers for Medicare & Medicaid Services issued a number of proposed rules that would materially impact reimbursement rates for skilled nursing facilities (SNFs), inpatient psychiatric facilities (IPFs) and inpatient rehabilitation facilities (IRFs).
This overview spotlights key details about avoiding federal Stark Law violations when a hospital needs to recruit more physicians to their area.
A recent U.S. District Court decision provides a good example of how federal courts will apply the public disclosure/original source rules in whistleblower cases alleging that health care providers violated the False Claims Act.
Since the Stark Law is a strict liability statute, with significant civil penalties for violations, this immediate compliance requirement should be noted by parties currently relying on a blanket waiver to protect an arrangement.
Parties to a covered transaction would be well-advised to develop strategies to predict and avoid pitfalls, in addition to assuring compliance with legal requirements. We examine Key workforce, logistical and messaging considerations.