Articles and Blogs

Health care providers who staff for safety-sensitive positions should take notice of a Seventh Circuit appeals panel ruling on October 29, 2019, that an obese applicant cannot claim a violation of the Americans with Disabilities Act for an employer’s rejection of him over concerns about future possible health conditions and related safety concerns arising from…Read More

On October 12, 2019, Governor Gavin Newsom signed California Senate Bill 172 into law (“Act”). The Act, known as the “Keep Our Seniors Safe Act,” makes changes to California’s Health and Safety Code by adding firearm storage requirements for firearms that are held by California residential care facilities for the elderly, more commonly known as…Read More

The centuries-old practice of homeopathic medicine, which has been the subject of much controversy and debate for nearly the entire length of its existence, may finally be going to the mat with the Food & Drug Administration (“FDA”). Amidst growth in the homeopathic products industry and associated concerns with their safety, efficacy and quality, the…Read More

Funding Bills Still in Limbo as Deadline Approaches Congress is rapidly approaching another deadline to fund the government. The government is slated to shut down in 27 days on November 21 when the latest stopgap funding measure expires. There are just 12 legislative days for Congress to be in session between now and then, so…Read More

On October 23, 2019, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty (“CMP”) of $2,154,000 against a nonprofit academic health system (“Health System”) for violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The Notice of Proposed Determination and the Notice of Final…Read More

Recently, hospitals operating nursing and other allied health (“N&AH”) education programs have experienced increased scrutiny during Medicare Administrative Contractor (“MAC”) audits concerning their receipt of pass-through cost reimbursement. In many instances, MACs have begun disallowing or reclassifying costs that N&AH education programs received without issue for many years. Oftentimes the MACs are citing new interpretations…Read More

It isn’t only the U.S. Food & Drug Administration (“FDA”) and Drug Enforcement Agency (“DEA”) that are interested in all things cannabis. Today, the FDA followed earlier warning letters[1] by posting yet another press release regarding an October 10, 2019 warning letter that was issued jointly by the FDA and the Federal Trade Commission (“FTC”)…Read More

On October 9, 2019, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule (the “Proposed Rule”) to amend the regulations interpreting the Stark Law. The Proposed Rule revises material portions of the Stark Regulations and includes critically necessary guidance on leasing arrangements subject to the Stark Law. This article provides a summary…Read More