Newsletters

12.19.24

Leveraging AI to Improve Access to Specialty Care

This is the latest edition of a Manatt Health series on AI for health systems, stemming from a recent Manatt Health white paper. Click here to read the white paper and here to read our first issue. Accessing specialty care such as cardiology, psychiatry or obstetrics and gynecology often involves ...


12.18.24

FMLA Violation By Mere Discouragement, Second Circuit Holds

An employer can violate the Family and Medical Leave Act (FMLA) merely by interfering with an employee’s use of statutory benefits—even if the employer ultimately grants the benefits to which the employee is entitled, the Second U.S. Circuit Court of Appeals has ruled.   Denise ...


12.18.24

Battle Over FTC’s Noncompete Ban Continues

The battle over the Federal Trade Commission’s (FTC) ban on noncompete agreements may not be over, as the agency has appealed a federal court decision which struck down the rule nationwide.   In April 2024, the FTC issued a final rule finding that noncompete agreements constitute an ...


12.18.24

Seventh Circuit Affirms Dismissal of ADA Suit Seeking Second Chance

A second chance is not a reasonable accommodation, according to a decision from the Seventh U.S. Circuit Court of Appeals in an Americans with Disabilities Act (ADA) case.   In January 2015, Sarah Schoper suffered a life-threatening pulmonary embolism that caused a traumatic brain injury. ...


12.18.24

DOL, CFPB Issue Guidance for Employers on AI

Federal agencies are keeping a close eye on artificial intelligence (AI), with both the Department of Labor (DOL) and the Consumer Financial Protection Bureau (CFPB) recently issuing guidance for employers.   In “Artificial Intelligence and Worker Well-Being: Principles and Best ...


12.18.24

Key Digital Health Implications of the 2025 Medicare Physician Fee Schedule

Overview   The Centers for Medicare & Medicaid Services (CMS) recently issued a final rule updating the Medicare Physician Fee Schedule (MPFS) for calendar year (CY) 2025.The final rule largely finalizes provisions in the July proposed rule, expanding the services on the Medicare ...


12.18.24

HHS General Counsel Clarifies Medicaid Limits for Work Requirements and Provider Abortion Exceptions

In a December 11 advisory opinion, the HHS Office of the General Counsel (OGC) concludes that CMS lacks the authority to approve section 1115 Medicaid waivers that impose work requirements as a condition on Medicaid eligibility. Under federal law, 1115 waivers are approvable only if they ...


12.18.24

CMS Clarifies MA Coverage Requirements for ALS Treatment

On December 9, the Centers for Medicare & Medicaid Services (CMS) released a memorandum to Medicare Advantage (MA) plans regarding coverage of Qalsody, a drug granted accelerated approval by the Food and Drug Administration (FDA) in April 2023 for the treatment of amyotrophic lateral sclerosis ...


12.18.24

CMS Releases Updated HRSN Framework for Medicaid and CHIP

On December 10, CMS released an updated <a href="https://www.medicaid.gov/federal-policy-guidance/downloads/cib12102024.pdf">Center Informational Bulletin (CIB)</a> that refines CMS’ descriptions of opportunities for states to cover clinically appropriate and ...


12.18.24

CMS Proposed Rule for Medicare Advantage Plans Details Equity Requirements for Use of AI

The Centers for Medicare & Medicaid Services (CMS) released a proposed rule putting forward new policies for the Medicare Advantage (MA) and Part D programs for contract year (CY) 2026. While certainly not the focus of this proposed rule, the rule also provides guidance for the use of ...