Articles and Blogs

This was another dynamic year for the health care industry and for health care real estate, which is demonstrating remarkable resiliency and innovative success in the face of unprecedented challenges. This article summarizes a number of key 2021 takeaways and trends that were discussed during our 2021 Health Care Real Estate Year in Review... READ MORE

The Occupational Safety and Health Administration (“OSHA”) announced on its website on December 27, 2021 that it was “withdrawing the non-recordkeeping portion” of its healthcare emergency temporary standard (“Healthcare ETS”). That rule, described in detail here, regulated most healthcare facilities with obligations that included, among other things, employee screening, the designation of a COVID-19 safety coordinator, removing employees... READ MORE

On December 23, 2021, the Department of State announced that consular officers are now authorized to waive the in-person interview for individuals applying for certain non-immigrant work visas through December 31, 2022. This applies to Persons in Specialty Occupations (H-1B visas); Trainees or Special Education Visitors (H-3 visas); Intracompany Transferees (L visas); Individuals with... READ MORE

In an effort to clear the fog created by its recent skilled nursing facility guidance for visitation, CMS released a list of best practices and key aspects of visitation that skilled nursing providers should follow as they encounter certain scenarios. On December 23, 2021, CMS released several questions and answers in “Nursing Home Visitation... READ MORE

On November 17, 2021, the Drug Enforcement Administration (“DEA”) issued an advanced notice of proposed rulemaking (“ANPR”) with the goal of obtaining further information regarding the practice of telepharmacy. The DEA is seeking input as it considers promulgating new telepharmacy regulatory requirements. Interested stakeholders have until January 18, 2022 at 11:59 PM EST to... READ MORE

*Editor’s Note: This article was originally published on December 21. On Wednesday evening, December 22, the U.S. Supreme Court announced it will hear appeals from decisions that may have a major impact on the enforceability of both the OSHA vaccine-or-test rule and the CMS vaccine mandate. Stay tuned for further developments.   In the... READ MORE

On November 30, 2021, a federal district court in Louisiana granted a nationwide injunction against the implementation of CMS’s Interim Final Rule requiring vaccines (“IFR”) for employees and providers at most health care facilities. The government promptly appealed that injunction. The Fifth Circuit has not yet ruled on the merits but on December 15... READ MORE

On December 9, 2021 the American Hospital Association (“AHA”), American Medical Association (“AMA”) along with other health care providers filed a complaint in the United States District Court for the District of Columbia challenging part of the Departments of Health and Human Services (“HHS”), Labor and Treasury and the Office of Personnel Management (collectively,... READ MORE

Under the federal Stark Law, hospitals, physician groups and other provider entities may provide non-monetary (i.e., non-cash or cash equivalent) compensation to physicians up to an aggregate amount of $452 for calendar year 2022. The dollar limit for “medical staff incidental benefits” provided by a hospital to a member of its medical staff (e.g.,... READ MORE

NATIONAL 5 health systems suspending vaccination mandates Amazon Health IT Partnership Aims to Enhance Clinical Communication Amazon Launches Health IT Innovation Center, Digital Health Equity ASC staff not required to get the COVID-19 shot after CMS mandate blocked ASCs, hospitals can share staff more easily after CMS clarification Biden Vaccine Rule for Health Workers... READ MORE