Newsletters

03.08.23

FTC Targets Health Care Privacy, Deception Issues

Last week, the FTC announced settlements in two health-related proceedings: the first regarding company adherence to privacy practices regarding sensitive health data and the second surrounding false and deceptive COVID-19-related health care claims.


03.03.23

Client Alert: Illinois’s Biometric Law (BIPA) Reminds Us Again of Privacy and Security Vendor Risks

It is not news that industries of all types rely on vendors to provide technology services, applications, and hardware.


03.01.23

DEA Releases Proposed Rules Regarding Telemedicine Prescribing of Controlled Substances

On February 24, the Drug Enforcement Administration, in consultation with the Department of Health and Human Services, issued two proposed rules that address the prescribing of controlled substances based solely on a telemedicine encounter.


02.28.23

New Guidance Instructs IDR Entities to Move Forward With Some Payment Disputes While Holding Others

The Department of Health and Human Services, the Department of Labor and the Department of the Treasury are continuing to respond to decisions by a federal district court in Texas regarding the Independent Dispute Resolution process established to implement the No Surprises Act.


02.22.23

Competition Scrutiny in Health Care Continues but With a Shifting Approach

The Federal Trade Commission has sued to block several proposed health care transactions this year and has claimed victory after these challenges resulted in abandonment of those deals.


02.15.23

NY OMIG Finalizes Omnibus Regs Impacting Medicaid Providers’ and Plans’ Compliance Obligations

On December 28, 2022, the New York State Office of the Medicaid Inspector General finalized the proposed rule published on July 13, 2022, that significantly revises the provider and Medicaid managed care organization compliance obligations in New York with no substantive changes.


02.15.23

Oregon’s Glide Path to a Basic Health Program Following the End of Medicaid Continuous Coverage

In December 2022, Oregon became the first state since New York (2015) and Minnesota (2016) to put forth a plan to seek federal approval for implementation of a basic health program under Section 1331 of the Affordable Care Act for individuals with income under 200 percent of the federal ...


02.14.23

Texas Court Sides With Providers a Second Time in Litigation Related to No Surprises Act IDR Process

On February 6, a Texas federal district court sided with the Texas Medical Association and health care providers vacating regulations issued by the Office of Personnel Management and the Departments of Health and Human Services, Labor, and the Treasury to implement the No Surprises Act.


02.13.23

What Changes if the COVID-19 Public Health Emergency Ends May 11

The Biden Administration has announced that May 11, 2023, will be the final day of the COVID-19 public health emergency (PHE) declaration, which has been in effect since January 2020.


02.09.23

CMS Finalizes Medicare Advantage Risk Adjustment Rule

On January 30, the Centers for Medicare & Medicaid Services (CMS) released a long-awaited final rule addressing how it will calculate and collect overpayments from Medicare Advantage (MA) plans arising from risk adjustment errors discovered through data validation audits.