For nearly 40 years, federal courts have been required to defer to an agency’s interpretation of an ambiguous statute, even if the court did not agree with that interpretation. This deference, commonly referred to as Chevron...more
8/13/2024
/ Administrative Agencies ,
Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Health and Human Services (HHS) ,
Federal Reserve ,
Food and Drug Administration (FDA) ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Statutory Authority ,
Statutory Interpretation
On March 23, 2023, the North Carolina General Assembly passed legislation that would expand Medicaid for an estimated 600,000 North Carolinians who currently lack health care coverage but do not actively qualify for Medicaid....more
In recent months, decisions and laws limiting abortion rights in the United States have forced health care providers that serve pregnant women to keep abreast of quickly changing legal restrictions affecting their...more
10/28/2022
/ Abortion ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Emergency Medical Services (EMS) ,
Emergency Rooms ,
EMTALA ,
Health Care Providers ,
Hospitals ,
Preemption ,
Reproductive Healthcare Issues ,
Risk Mitigation
In May 2016, the Office of Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“DHHS”) issued a Final Rule implementing Section 1557 of the Affordable Care Act (“ACA”). Section 1557 prohibits “covered...more
In a letter dated March 17, 2016, Richard Brajer, Secretary of the North Carolina Department of Health and Human Services, announced that the Local Management Entity-Managed Care Organization (“LME/MCO”) merger process would...more
The future of telemedicine has become a hot topic in the health care industry nationwide, and the momentum seems to be in telemedicine’ s favor. Indeed, the North Carolina Medical Board recently issued revised policy...more
The False Claims Act (FCA) imposes liability on individuals and companies who defraud or submit false claims to the federal government. The FCA allows the federal government to seek treble damages, civil penalties and...more
2/23/2015
/ Anti-Kickback Statute ,
Financial Conduct Authority (FCA) ,
Health Care Providers ,
Hospice ,
Hospitals ,
Johnson & Johnson ,
Medicaid ,
Medicare ,
Nursing Homes ,
Off-Label Promotion ,
Pharmaceutical Industry ,
Prescription Drugs ,
TRICARE
While many of us were shopping for last-minute gifts for our families, Governor McCrory was busy approving the 2015 State Medical Facilities Plan (“SMFP”). The SMFP is a document created annually by the State Health...more