Articles and Blogs

The Centers for Medicare & Medicaid Services (“CMS”) announced that it will delay enforcement of its final rule (“Final Rule”) requiring physicians and other prescribing health care clinicians to either enroll in or opt out of Medicare in order for the prescriptions they write to be covered by any Medicare Part D prescription drug benefit plan….Read More

Congress Remains Divided on ACA Repeal Bill Although Republican leadership in the House raised the prospect of lawmakers returning early from the current two-week Easter recess to pass the American Health Care Act, it appears Congress will remain out of session until the week of April 24. And, once the House is back in session,…Read More

The Centers for Medicare & Medicaid Services (“CMS”) recently updated its Voluntary Self-Referral Disclosure Protocol (“SRDP”) when it posted a new form to be used as part of the SRDP process (“SRDP Form”). According to CMS, the SRDP Form is an attempt to “streamline and simplify” the SRDP process. CMS originally proposed the new SRDP Form…Read More

This is the final article in a series covering the behavioral health sections of the 21st Century Cures Act (the “Cures Act”), which was signed into law on December 13, 2016. The articles in our series are located here.  As with many of the behavioral health sections of the Cures Act, Title XIV also provides for new…Read More

AHCA Remains Stalled in House In an effort to breathe life into the stalled American Health Care Act (“AHCA”), Trump administration officials, members of the House Freedom Caucus and House Republican leadership spent the week discussing fixes to the AHCA. The discussions focused largely on allowing states to decide if they want to continue the…Read More

On March 13, 2017, twelve hearing impaired individuals filed suit in federal district court in Arizona against a large health system (the “System”) alleging discrimination under Section 1557 of the Affordable Care Act. In the complaint, the plaintiffs allege that the System discriminated against them by “refusing to provide effective auxiliary aids and services, despite their…Read More

On Tuesday, April 4, 2017, the Court of Appeals for the Seventh Circuit ruled that Title VII prohibits discrimination based on sexual orientation. This contradicts a recent Eleventh Circuit ruling[1]—not to mention longstanding Seventh Circuit precedent—which means that this issue could eventually land before the Supreme Court. Background Title VII is a federal law that…Read More

This is the sixth article in a series on the 21st Century Cures Act (the “Cures Act”), which was signed into law on December 13, 2016. We will continue publishing a series of articles summarizing various components under the Cures Act. The articles in our series are located here.  This article highlights the provisions of…Read More

President Obama’s controversial Fair Pay and Safe Workplaces Executive Order 13673 (aka the “blacklisting” rule) has been eliminated. That means federal contractors will not be required to report labor violations as part of their federal contract bidding process. The related paycheck transparency requirements and prohibition against pre-dispute arbitration clauses related to Title VII claims have…Read More

Congressional Republicans Plan Next Steps for Health Reform After a weekend of reflection over the last minute decision not to vote on the American Health Care Act, House Republicans reconvened in Washington this week seeking a way forward on the repeal and replacement of the Affordable Care Act (“ACA”). Despite renewed discussions, Republican conservatives and…Read More