Articles and Blogs

Executive Summary On August 28, 2015, the Health Resources and Services Administration (“HRSA”) released its long-awaited proposed 340B Drug Pricing Program Omnibus Guidance.  The notice (a copy of which can be found here) proposes to establish guidance addressing a variety of longstanding open questions for covered entities enrolled in, and drug manufacturers participating in, the…Read More

In a highly anticipated decision, the NLRB has restated and redefined the standard for determining when employers will be found to be joint employers for purposes of the National Labor Relations Act (“NLRA”). With more and more health systems and hospitals contracting out non-core services, this decision could have a far-reaching impact. The NLRA governs labor management…Read More

Overview The use of telecommunication to complement health care delivery services is growing. Many health systems and providers are interested in developing a telehealth component as part of their offerings. With these expansions, professional licensure portability and practice standards for providers can be a significant challenge due to the conflicting and disparate requirements for practice…Read More

Hospitals and other health care providers may be liable for fraudulent use of credit cards at their facilities effective October 1, 2015 if they do not upgrade their credit card terminals. The major credit card issuers have been busy issuing to all cardholders new chip-enabled credit cards (“EMV Cards”) to address the growing concern with data…Read More

In a highly anticipated decision, the NLRB has restated and redefined the standard for determining when employers will be found to be joint employers for purposes of the National Labor Relations Act (“NLRA”).  The NLRA governs labor management relations in the private sector.  This three-to-two decision applies long-established principles to find that two or more…Read More

On August 20, 2015, in Nobach v. Woodland Village Nursing Center, Inc., the Fifth Circuit held that terminating an employee for a refusal to pray the Rosary does not violate Title VII when there is no evidence that the employer was aware of the employee’s conflicting religious beliefs. In light of this determination, the court…Read More

On August 27, 2015, the Health Resources and Services Administration (“HRSA”) released a notice of proposed 340B Drug Pricing Program Omnibus Guidance.  This notice (a copy of which can be found here) proposes to establish long-awaited and significant guidance for covered entities enrolled in, and drug manufacturers participating in, the 340B Program.  Once finalized after…Read More

Background On August 13, 2015, the Department of Health and Human Services Office of Inspector General (“OIG”) issued a Memorandum Report (the “Report”) that examined the overlap between physician-owned hospitals (“POHs”) and physician-owned distributors (“PODs”) of spinal devices. PODs are medical device distributors whose owners are often physicians that use the devices sold by the…Read More

On August 21, 2015, the Court of Appeals for the D.C. Circuit (the “Court”) issued a ruling in Home Care Association of America v. David Weil, also known as the “companionship services lawsuit.” Unfortunately, it is more bad news for the home care industry. The Court ruled that the Department of Labor (“DOL”) has the authority…Read More

On August 21, 2015, the Court of Appeals for the D.C. Circuit (the “Court”) issued a ruling in Home Care Association of America v. David Weil, also known as the “companionship services lawsuit.” Unfortunately, it is more bad news for the home care industry. The Court ruled that the Department of Labor (“DOL”) has the…Read More