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.
The Pennsylvania Department of Human Services, Office of Mental Health & Substance Abuse Services (OMHSAS), issued Frequently Asked Questions (FAQs) to clarify its recently revised Behavioral Health Telehealth Policy Guidance.
CMS issued a press release that announced the availability of the display copy of the anticipated Interim Final Rule on COVID-19 Health Care Staff Vaccinations.
We provide answers to some of the most common questions concerning the ETS.
Organizations subject to a consent order or other FTC order will now be required to provide prior notice to, and obtain prior approval from, the FTC for applicable future transactions.
The Pennsylvania House of Representatives recently passed HB 1893 to amend Section 15 of the Pennsylvania Disease Prevention and Control Law.
Governor Tom Wolf signed five new bills into law, including legislation that provides for permanent COVID-19 waivers that will give physician assistants more leeway and autonomy to practice in Pennsylvania.
The Office for Civil Rights recently released guidance on HIPAA’s application to an individual’s COVID-19 vaccination status.
On September 9, 2021, President Joe Biden announced a six-pronged COVID-19 Action Plan.
Delaware Governor John Carney ordered all state employees and health care workers to be vaccinated for COVID‑19 on or before September 30 or submit to regular COVID-19 testing.
Pennsylvania State Senator Maria Collett recently announced the reintroduction of the Patient Safety Act to help set safe nurse-to-patient ratios in Pennsylvania – a problem that has been exacerbated by COVID-19.
The White House issued a far-reaching Executive Order on Promoting Competition in the American Economy, promoting a “whole-of-government” approach to promote competition in the economy with a specific focus on the health care industry.
Treating physicians in Pennsylvania may once again delegate the responsibility to qualified practitioners for obtaining patients’ informed consent, per Governor Tom Wolf’s approval of SB 425.
The Centers for Medicare & Medicaid Services has issued its first Stark Law advisory opinion of 2021 (and only its 19th ever since it started issuing advisory opinions in 1998).
The first of several regulations implementing the No Surprises Act of 2020 (H.R. 133) has been issued by the Departments of Health and Human Services, Labor, and Treasury, and the Office of Personnel Management.
The issue is one of definitions. HIPAA applies to covered entities and their business associates. Presuming for the purposes of this post that the practice is not a business associate, the question is whether our cash-only practice is a covered entity.
The Delaware General Assembly released Senate Bill 120 for consideration. The Bill’s sponsors, Senator Bryan Townsend and Representative David Bentz, seek to improve primary care access for Delaware residents.
In light of the increasing threat posed by cyberattacks, the federal government has prioritized focusing on promoting cybersecurity practices.
CMS announced an interim final rule, that revises the infection control requirements long-term care facilities and intermediate care facilities for individuals with intellectual disabilities must meet to participate in the Medicare and Medicaid programs.
In its efforts to modernize and clarify the Stark Law, CMS took steps to make compliance with the Stark Law simpler.
When reviewing a consulting or other agreement including stock options, it is important that the physician include an anti-dilution clause.
Be on the alert for the publication of the interim final Rule on Hospital Reclassification and consider if your hospital should apply for geographic reclassification.
When considering options, physicians need to decide what is most important to them and, based on that, prioritize their goals and strategies.