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 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.
Delaware first passed its COPR statute in 1978 to comply with a then existing federal law requiring state certificate of need statutes designed to improve the delivery of health care.
A recent case highlights the continued importance for a health care system or other organization with a peer review committee to understand what is protected by the Delaware Peer Review Statute and the steps that should be taken to avoid waiving the protection.
This post takes a deeper dive into one of the new Stark Law provisions — the new exception for certain types of limited remuneration to physicians.
The Acute Hospital Care at Home program is an expansion of the CMS Hospital Without Walls initiative that is intended to create additional flexibility for hospitals as they respond to the COVID-19 crisis.
It is a fundamental principle, and an attractive characteristic, of asset acquisitions that the buyer can choose the assets they want to purchase and leave behind unwanted liabilities.
As part of its attempt to achieve clarity, CMS revised the definitions of some of its “fundamental” terminology and requirements.
It is advisable, due both to high demand and uncertainty regarding recently published H-1B rules, that employers prepare early and thoroughly.
The Notification of Enforcement Discretion comes in recognition of providers’ need to quickly schedule large numbers of individuals for COVID-19 vaccination appointments.
Many of our physician clients contact us to say that they have been approached by the owner of a salon or spa with an offer to serve as the facility’s Medical Director.
There are a few important provisions that provide some new authority for the Federal Trade Commission (FTC) that may lead to more merger challenges in health care.