Articles and Blogs

On Tuesday, October 10, 2023, the Drug Enforcement Administration (“DEA”) and the Department of Health and Human Services (“HHS”) issued a second temporary rule (the “Second Temporary Rule”) extending the effective period for the COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications (“telemedicine flexibilities”). These telemedicine flexibilities were previously extended by an earlier temporary rule…Read More

As nursing homes look for funds to allow them to improve care and train nursing home staff, Centers for Medicare & Medicaid Services (“CMS”) released QSO-23-23-NH (“CMS Memo”), which reopens and recasts the Civil Money Penalty Reinvestment Program (“CMPRP”). A Civil Monetary Penalty (“CMP”) is a fine that CMS may impose against nursing homes for…Read More

The federal government plans to define “zero-emissions building” for the real estate industry. The definition is part of a plan to create uniform guidelines for reducing greenhouse gas emissions. The building industry accounts for 1/3 of all greenhouse gas emissions in the U.S. The Biden administration announced a new initiative that would prohibit unpaid medical…Read More

On September 26, 2023, the Departments of Health and Human Services, Labor, and the Treasury (collectively, “the Departments”) released a proposed rule that would again change the administrative fees for participating in the No Surprises Act’s (“NSA”) Independent Dispute Resolution (“IDR”) process. The proposed rule responds to the August 3, 2023 ruling from the U.S….Read More

On August 15, 2023, the U.S. Food and Drug Administration (“FDA”) finalized “Informed Consent: Guidance for IRBs, Clinical Investigators, and Sponsors” (“Final Guidance”), following the FDA’s earlier issuance of draft guidance on the subject in July 2014. The Final Guidance reflects the FDA’s recommendations on informed consent and the regulatory requirements in place to protect…Read More

Investment firm Black Salmon is partnering with Allen Morris Company on a $1B mixed-use development in the Miami Health District. The 7-acre project is expected to include 500,000 sf of medical office, 1,000 apartments and a 150-room hotel. Fitch Ratings expects the recently proposed federal nursing home staffing standards to increase costs for SNFs, but…Read More

The Office of Inspector General (“OIG”) of the U.S. Department of Health and Human Services found that most skilled nursing facilities (“nursing homes”) in Georgia that it surveyed are not correctly complying with life safety requirements or emergency preparedness requirements. OIG recently issued a report on its audits of life safety requirements or emergency preparedness…Read More