Articles and Blogs

On January 23, 2017, following a 13-day trial, the U.S. District Court for the District of Columbia (the “Court”) ruled in favor of the U.S. Department of Justice (“DOJ”) in the government’s suit to block the $37 billion insurance mega merger between Aetna Inc. (“Aetna”) and Humana Inc. (“Humana”). It is expected that a decision…Read More

As you may know, President Trump signed a pair of executive orders recently regarding immigration policies and enforcement. While his orders may have a sweeping effect on immigration as a whole, employment-based immigration processes are not overtly changed. Below is a brief summary of provisions of the executive orders and the draft order that may…Read More

Review of the New Home Health Conditions of Participation – Infection Control and Prevention; Skilled Professional Services; and Home Health Aide Services. This is the third article in a series discussing CMS’s Final Revised Home Health Conditions of Participation (“Final CoPs”). With the release of the Final CoPs, CMS is finalizing the significant changes they…Read More

The Federal District Court for the Middle District of Florida appears  to have rejected recent direction from the Eleventh Circuit Court of Appeal to deny a motion to dismiss in a False Claims Act case. In United States ex rel. Napoli et al. v. Premier Hospitalists PL, et al. the whistle-blowers alleged a hospitalist company…Read More

On December 27, 2016, CVS Pharmacy (“CVS”) filed suit against the Texas Health and Human Services Commission (the “Commission”) in the District Court of Travis County, Texas. The suit claims that regulators at the Commission specifically approved of certain billing practices that the Commission’s Office of Inspector General is now claiming constitute false claims. Specifically,…Read More

On December 21, 2016, Michigan Governor Rick Snyder signed Public Act No. 379 of 2016 that updates provisions of the Michigan Public Health Code (the “Code”) related to the practice of physician assistants (“PAs”). The updated law now allows a PA to practice without the supervision of a delegating physician or podiatrist by entering into…Read More

Background On January 18, 2017, the United States Department of Health and Human Services (“HHS”) Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued final regulations (the “Final Rule“) intended to update and modernize the Confidentiality of Alcohol and Drug Abuse Patient Records regulations at Title 42 of the Code of Federal Regulations, Part 2…Read More

Review of the New Home Health Conditions of Participation – Release of Patient Identifiable OASIS information, Reporting OASIS Information and Comprehensive Assessment of Patients; and Care Planning, Coordination of Services and Quality of Care. This is the second article in a series discussing CMS’s Final Revised Home Health Conditions of Participation (“Final CoPs”). With the…Read More

ACA Replacement Picture Remains Unclear Details on how the incoming Trump administration will replace the Affordable Care Act (“ACA”) remain unclear as President Donald Trump was sworn in on January 20 as the 45th president. Trump indicated in a recent press conference that his replacement plan will be unveiled once Rep. Tom Price (R-GA) is…Read More

Background On January 18, 2017, the Department of Health and Human Services (“HHS”), through the Office of Human Research and Protection (“OHRP”), issued final regulations (the “Final Rule“) implementing significant changes to the Federal Policy for the Protection of Human Subjects (the “Common Rule”). The Final Rule follows HHS’s September 2015 notice of proposed rulemaking…Read More