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.
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.
OCR Director Roger Severino said that the Guidance “highlight how HIPAA supports the use of health information exchanges in sharing health data to improve the public’s health” during the COVID-19 public health emergency.
Identifying appropriate payors and negotiating and operationalizing successful payor contracts requires careful and comprehensive planning.
CMS re-issued certain FAQs to assist providers in avoiding incorrect billing for outpatient services provided within 3 days before, on the date of, or during the admission.
HHS, via CMS and the OIG, formally published long-awaited final regulations aimed largely at modernizing and clarifying various aspects of the Stark Law, Anti-Kickback Statute and Civil Monetary Penalty Law.
The OIG listed in the Special Fraud Alert the following characteristics of a company-sponsored event that when “taken separately or together, potentially indicate a speaker program arrangement that could violate the anti-kickback statute.”
Key changes under the Medicaid and Children’s Health Insurance Plan Managed Care Final Rule are set to take effect December 14, 2020.
Tomorrow, the United States Supreme Court will hear oral arguments for their seventh review of the legality of the Affordable Care Act.
The proposed rule has been referred to by HHS Chief of Staff, Brian Harrison, as “the boldest and most significant regulatory reform effort ever undertaken by HHS.”
The new timeline is in recognition of ongoing efforts to address the effects of the COVID-19 pandemic.
When reviewing any issue in PA involving the disclosure of SUD information, it’s important to remember the broad application (through reference) of Section 255.5.
The enormous surge in the use of telemedicine as a result of the COVID-19 pandemic has also resulted in increased attention by federal regulators to potential fraud and abuse schemes by telemedicine providers.
Given the very trying times due to the COVID-19 pandemic, many employers are looking for ways to provide financial relief to their employees in a tax-advantaged manner.
Health care providers who obtained Medicare Accelerated and Advance Payment Program (“MAAPP”) loans received welcome relief from the Continuing Appropriations Act, 2021 and Other Extensions Act.
On July 16, 2020, the Delaware Department of Health and Social Services issued its Strategic Plan, which focuses on efficiency and accountability reflecting the priorities of Governor John Carney’s Government Efficiency and Accountability Review Board.