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Health Care Counsel Blog

691 total results. Page 1 of 28.

Douglas A. Grimm, Gayland O. Hethcoat II
Physician-owned companies that generate revenue from the sale of medical devices ordered by their physician owners have in recent years been the target of federal fraud and abuse enforcement actions.
Jo-Ann Marchica, Stephen Blake, Mindy Pittell Hurwitz
The metaverse is widely regarded as the next frontier in digital commerce, with businesses across industries spending millions of dollars to position themselves as market leaders. While it offers clear opportunities for businesses, the metaverse also presents unique legal challenges.
Gayland O. Hethcoat II, M.H. Joshua Chiu
The HHS Office for Civil Rights is requesting comments about HIPAA covered entities’ and business associates’ implementation of “recognized security practices” and payments to “harmed individuals” from funds the agency collects from its enforcement actions. Stakeholders have until June 6, 2022.
Adam D. Bowser, Douglas A. Grimm, Jeffrey E. Rummel
Comments sought regarding the permissibility of messages relating to Medicaid and other health coverage programs.

The FCC is seeking comment on a request for clarification submitted by the Department of Health and Human Services related to TCPA compliance for certain healthcare messages.
Douglas A. Grimm, Gayland O. Hethcoat II
The US Department of Health and Human Services Office of Inspector General (OIG) recently published a favorable determination, Advisory Opinion 22-06, on behalf of a biopharmaceutical company (the Requestor) regarding the Requestor’s provision of free genetic testing and counseling.
Debra Albin-Riley, Diane Roldán, M.H. Joshua Chiu
In Scheer v. Regents of the University of California, the Second District Court of Appeal held that the McDonnell-Douglas burden-shifting framework applies to claims asserted pursuant to Health & Safety Code Section 1278.5.
Anne M. Murphy
Constituents, regulators, and observers of corporate governance are increasingly focused on the “effectiveness” of board performance: the extent to which its existing governance practices and orientation are consistent with (or exceed) industry standards and recognized principles.
Gayland O. Hethcoat II, Annie Chang Lee
Amidst the ongoing labor market shortages and disruptions from the COVID-19 pandemic, the well-being of physicians and other front-line healthcare providers has become a topic of much attention.
Lowell C. Brown, M.H. Joshua Chiu
Some commentators have misinterpreted the Bichai decision to mean that a medical staff and its affiliated hospital are entirely independent of each other. In reality, the two entities are practically and legally interdependent. 
Rachel Hold-Weiss, Fernanda Sanchez Jara
- CMS estimates its proposal will result in a decrease of $320 million in Medicare Part A payments to skilled nursing facilities.
- CMS is seeking stakeholder input on the effects of direct-care staffing requirements for long-term care facilities.
Caroline Turner English, Alison Lima Andersen, Alexandra Coppola
The Ninth Circuit Court of Appeals recently reversed the Northern District of California’s landmark decision against UnitedHealth Group Inc.’s behavioral health unit, United Behavioral Health (“UBH”), under which UBH had been ordered to reprocess tens of thousands of behavioral health claims.
M.H. Joshua Chiu, Diane Roldán
On February 22, 2022, the California Department of Public Health (CDPH) announced that vaccinated health care workers with documented recent infection will be allowed to defer booster shot by up to 90 days from infection.
Douglas A. Grimm, Shayshari Potter, D. Austin Rettew
As the COVID-19 pandemic continues, hospitals and other health care providers are facing a separate challenge: “Ivermania”—the wave of lawsuits filed against hospitals by guardians of COVID-19 patients seeking court orders compelling the administration of Ivermectin.
Caroline Turner English, Alison Lima Andersen, D. Austin Rettew
On February 23, 2022, in what is being heralded as a significant victory for health care providers, a federal court in Texas vacated portions of the Biden Administration’s rules governing the arbitration procedures to resolve surprise billing disputes under the federal No Surprises Act (the Act).
Jeffrey E. Rummel, Douglas A. Grimm
On March 3, starting at 10:00 am EST, the FCC’s Connect2Health Task Force (Task Force) will host a virtual event titled: “The FCC Digital Health Symposium: Advancing Broadband Connectivity as a Social Determinant of Health.”
Jeffrey E. Rummel, Douglas A. Grimm
The FCC is requesting public comment on proposed reforms to the Rural Health Care Program to “promote program efficiency and ensure that rural healthcare providers receive appropriate levels of funding.”
Stephanie Trunk, Erin E. Atkins
Back in 2017, the state of Nevada passed a sweeping bill into law that addressed not only drug pricing transparency, but also reporting obligations applicable to pharmacy benefit managers and non-profit organizations and also imposed certain requirements on manufacturer sales forces.
Thomas E. Jeffry, Jr.
The "core mission" of the Centers for Medicare and Medicaid Services (CMS) to ensure that the health care providers who care for Medicare and Medicaid patients protect their patients' health and safety gives the agency broad authority to regulate the conduct and operations of participating providers
Stephanie Trunk, Erin E. Atkins
The Centers for Medicare & Medicaid Services (CMS) published the proposed Contract Year 2023 Policy and Technical Changes to the Medicare Advantage and Medicare Prescription Drug Benefit Programs (the Proposed Rule) on January 12, 2022, in the Federal Register.
Rachel Hold-Weiss
On January 14, 2022, the Secretary of Health and Human Services, renewed the declaration of the COVID-19 public health emergency (PHE) that was first declared on January 20, 2020. 
Richard G. Liskov, Elliott M. Kroll, Julius A. Rousseau, III, James M. Westerlind, Mark S. Fragner
Under legislation signed on December 31 by Governor Kathy Hochul, (S.3762/A. 1396; L2021, ch. 828), all pharmacy benefit managers operating in New York State will be required to register with the State Department of Financial Services (DFS) by April 1, 2022, and thereafter to be licensed.
Hillary M. Stemple
Beginning January 1, 2022, all state licensed or certified health care facilities and providers must follow extensive rules for providing a "good faith estimate" of health care charges to uninsured and self-pay patients prior to the provision of health care services. 
Caroline Turner English, Brian D. Schneider, Mattie Bowden
The US Supreme Court heard oral argument to decide a circuit split and determine what ERISA requires of ERISA-governed pension plan fiduciaries with respect to investment fees and recordkeeping. A decision is expected in the first half of 2022.
Caroline Turner English, Alison Lima Andersen
The Departments of Health and Human Services, Labor, and Treasury, and the Office of Personnel Management issued this Fall their second long-awaited interim final rule implementing the federal No Surprises Act (the “Act”), titled “Requirements Related to Surprise Billing; Part II.” As the end of the
Stephanie Trunk, Erin E. Atkins
The Centers for Medicare & Medicaid Services (CMS) calendar year 2022 rule finalizing changes to payment policies under the Physician Fee Schedule (PFS) and Medicare Part B (the Final Rule) was published on November 19, 2021. The Final Rule takes effect January 1, 2022.