Articles and Blogs

On April 18, 2023, the Department of Health and Human Services Office of the National Coordinator for Health Information Technology (“ONC”) published a Proposed Rule titled “Health Data, Technology and Interoperability: Certification Program Updates, Algorithms, Transparency and Information Sharing” (“Proposed Rule”).   The Proposed Rule is intended to serve a variety of purposes, including... READ MORE

Could it be that CMS is implementing changes in the Medicare Communications and Marketing standards that will change the content and tone of the omnipresent television and radio advertisements targeted at potential enrollees? On the heels of publishing a final rule modifying the regulations for Medicare communications and marketing in April, on May 10,... READ MORE

The Seventh Circuit recently held in Astellas US Holding, Inc. v. Federal Insurance Company, No. 21-3075 WL 3221737 (7th Cir. 2023) (“Astellas”) that insurance policies may need to cover settlements designed to compensate a party and make them whole, including settlements paid the United States government, and the cost of defense in False Claims... READ MORE

NATIONAL 4 Healthcare Design And Construction Trends To Watch AHA urges court to preserve ACA preventive services requirement pending appeal AI may pose ‘existential threat,’ physicians warn in BMJ Biden’s nursing home staff mandates expected soon CareFirst, Noom program aims to ‘retrain’ the brain of members with obesity, prediabetes CDC head to depart Cyberattacks... READ MORE

As skilled nursing facilities work and provide health care services after the May 11, 2023, end of the Public Health Emergency, questions and concerns about visitation at these facilities will likely continue to arise. The Centers for Medicare & Medicaid Services (“CMS”) recently released revisions and additional clarifications to prior CMS guidance on many... READ MORE

A regional hospital system in Michigan and two physicians recently paid over $69M to settle False Claims Act allegations. Two of the major FCA allegations involved leases: One was an equipment lease from a physician-owned entity to the hospital that was not negotiated at arm’s length; the other involved the hospital leasing space to... READ MORE

On Tuesday May 9, 2023, the Drug Enforcement Administration (“DEA”), jointly with the Substance Abuse and Mental Health Services Administration (“SAMHSA”), announced that it will publish a rule to temporarily extend current telemedicine flexibilities for prescribing controlled substances beyond the termination of the Federal Public Health Emergency (“PHE”), which will occur on May 11,... READ MORE

On May 2, 2023, the Wisconsin Supreme Court upheld the reversal of a trial court order compelling a hospital to administer Ivermectin to a patient suffering from COVID-19. In what had the potential to be a knock-out case addressing appropriate standards of care, patient rights and doctor shopping, the Supreme Court instead affirmed the... READ MORE

NATIONAL 2022 False Claims Act recoveries lowest in 14 years: 5 things to know AHA to CMS: Medicare DSH payment proposal could devastate access to care Bipartisan bill revives efforts to expand FTC oversight to nonprofit hospitals Bright Health to exit health insurance business ChatGPT May Not be Ready to Revolutionize the Healthcare Industry... READ MORE

May is Mental Health Awareness Month. The Kaiser Family Foundation recently surveyed Americans on the state of their mental health. 90% of adults believe we are facing a mental health crisis. 80% of adults believe the cost of mental health care is a “big problem” for Americans. 51% of adults have a family member... READ MORE