Articles and Blogs

On April 18, 2023, the Department of Health and Human Services Office of the National Coordinator for Health Information Technology (“ONC”) published a Proposed Rule titled “Health Data, Technology and Interoperability: Certification Program Updates, Algorithms, Transparency and Information Sharing” (“Proposed Rule”).   The Proposed Rule is intended to serve a variety of purposes, including implementing…Read More

Could it be that CMS is implementing changes in the Medicare Communications and Marketing standards that will change the content and tone of the omnipresent television and radio advertisements targeted at potential enrollees? On the heels of publishing a final rule modifying the regulations for Medicare communications and marketing in April, on May 10, 2023,…Read More

The Seventh Circuit recently held in Astellas US Holding, Inc. v. Federal Insurance Company, No. 21-3075 WL 3221737 (7th Cir. 2023) (“Astellas”) that insurance policies may need to cover settlements designed to compensate a party and make them whole, including settlements paid the United States government, and the cost of defense in False Claims Act…Read More

As skilled nursing facilities work and provide health care services after the May 11, 2023, end of the Public Health Emergency, questions and concerns about visitation at these facilities will likely continue to arise. The Centers for Medicare & Medicaid Services (“CMS”) recently released revisions and additional clarifications to prior CMS guidance on many issues…Read More

A regional hospital system in Michigan and two physicians recently paid over $69M to settle False Claims Act allegations. Two of the major FCA allegations involved leases: One was an equipment lease from a physician-owned entity to the hospital that was not negotiated at arm’s length; the other involved the hospital leasing space to a…Read More

On Tuesday May 9, 2023, the Drug Enforcement Administration (“DEA”), jointly with the Substance Abuse and Mental Health Services Administration (“SAMHSA”), announced that it will publish a rule to temporarily extend current telemedicine flexibilities for prescribing controlled substances beyond the termination of the Federal Public Health Emergency (“PHE”), which will occur on May 11, 2023…Read More

On May 2, 2023, the Wisconsin Supreme Court upheld the reversal of a trial court order compelling a hospital to administer Ivermectin to a patient suffering from COVID-19. In what had the potential to be a knock-out case addressing appropriate standards of care, patient rights and doctor shopping, the Supreme Court instead affirmed the reversal…Read More