Articles and Blogs

Updated on 3/17/2020 As we constantly monitor Washington for information relevant to healthcare employers, we have learned that “fluid” is an understatement. In the few hours that it takes to read, digest and summarize acts of Congress for you, the bills have been revised, sometimes dramatically. Accordingly, until the president has signed the FMLA... READ MORE

Employers and employees alike are concerned about many aspects of how COVID-19 will impact their lives. One concern is how to pay for testing and treatment. The first indications of the way forward have come to light. State Insurance Regulators Act At least three states have directed insurance carriers to waive all health plan... READ MORE

NATIONAL 5 hospitals quarantining workers amid coronavirus A ‘New Normal’ for Hospitals on the Front Lines Fighting Coronavirus Emergency physicians recommend policy changes to combat coronavirus outbreak AMA: 10 things to know about patient access to digital health records Amid growing coronavirus cases, hospitals have shared goal: Prevent the spread within their walls Amid... READ MORE

Updated on 3/16/2020 With concerns over the spread of a novel coronavirus (“COVID-19”), hospitals and health care providers face a unique situation as employers and care providers. As a result, health care employers will need to navigate a variety of legal obligations in preparing for and responding to potential COVID-19 cases, as well as... READ MORE

On March 3, 2020, the Health and Human Services Office for Civil Rights (“OCR”) announced a $100,000 settlement with a physician practice (“Practice”) that it found to be significantly out of compliance with the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). While OCR was investigating the Practice’s complaint against... READ MORE

HHS Releases Finalized Interoperability Rules The long-awaited final rules from CMS and HHS’s Office of the National Coordinator for Health Information Technology (“ONC”) were released this morning. The agencies unveiled final versions of companion interoperability and information-blocking proposals. The ONC rule implements Conditions and Maintenance of Certification requirements for health information technology developers. The... READ MORE

On March 2, 2020, the Supreme Court agreed to hear a case directly challenging the constitutionality of the Affordable Care Act (“ACA”),[1] but it is likely that the fate of ACA will not be decided before the 2020 presidential election. In Texas v. United States[2], multiple plaintiffs challenged the ACA in the District Court... READ MORE

On March 4, 2020, the Quality, Safety & Oversight Group at the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum entitled “Suspension of Survey Activities” (“QSO Memo”) to announce that it is suspending non-emergency inspections across the United States so that inspectors may focus on infectious diseases and abuse. CMS states this... READ MORE

NATIONAL CMS unveils participants in new ambulance payment model Drones are taking off in healthcare — and we shouldn’t be surprised Number of Medicare-Dependent Hospitals Falls by 28% Nurse Practitioner Workforce Hits Record High of 290K Pharma vet and former Biogen chief to lead biotech industry’s coronavirus response Supreme Court will decide the fate... READ MORE

In a matter of first impression, the Third Circuit yesterday held that conflicting medical opinions can create a genuine dispute of material fact as to the element of falsity in a False Claims Act action.[1] Facts of the Case In U.S. v. Care Alternatives, relators alleged that Care Alternatives, a hospice facility, “admitted patients... READ MORE