On Wednesday, the U.S. Court of Appeals for the Fifth Circuit (the “court”) held that the Securities and Exchange Commission (“Commission”) exceeded its statutory authority when it adopted the Private Fund Adviser Rules...more
6/10/2024
/ Certiorari ,
En Banc Review ,
Investment Adviser ,
Judicial Review ,
Pending Litigation ,
Private Funds ,
Regulatory Agenda ,
Regulatory Reform ,
Securities and Exchange Commission (SEC) ,
Securities Litigation ,
Securities Regulation ,
Vacated
On July 3, 2023, OIG published its final enforcement rule (the OIG Rule) permitting imposition of civil monetary penalties (CMPs) for certain actors that engage in information blocking in violation of the information blocking...more
On April 5, 2023, the Centers for Medicare & Medicaid Services (CMS) issued a Final Rule (CMS-4201-F) regarding the Medicare Advantage (MA) and Part D programs. The Final Rule includes changes related to various aspects of...more
4/10/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Continuity of Care ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
Medical Necessity ,
Medicare Advantage ,
Medicare Part D ,
OIG ,
Regulatory Agenda ,
Regulatory Requirements ,
Two-Midnight Rule
CMS and OIG released highly anticipated final changes to the rules implementing the Stark Law, the safe harbors issued under the Anti-Kickback Statute (AKS) and the beneficiary inducements provision in the civil monetary...more
12/1/2020
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Cybersecurity ,
Digital Health ,
DMEPOS ,
Electronic Health Record Incentives ,
Fair Market Value ,
Final Rules ,
OIG ,
Proposed Rules ,
Remuneration ,
Risk Assessment ,
Safe Harbors ,
Stark Law ,
Value-Based Care
Over the last two months, the U.S. Department of Health and Human Services (“HHS”) published guidance regarding the enforcement of HIPAA and its privacy and security requirements in response to the COVID-19 public health...more
5/6/2020
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Facebook ,
Good Faith ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
PHI ,
Public Health ,
Public Health Emergency ,
SAMHSA ,
Telehealth
On March 30, 2020, CMS issued blanket waivers of sanctions under the Federal physician self-referral law (the Stark Law) for purposes of responding to the COVID-19 pandemic (Stark Waivers or Waivers). The Stark Waivers,...more
4/9/2020
/ 1135 Waivers ,
Affiliated-Business Arrangements ,
Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Employee Retention ,
Federal Loans ,
Financial Stimulus ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Physicians ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Stark Law ,
Tax Relief
The European Data Protection Board (“EDPB”), established under the General Data Protection Regulation (“GDPR”), said in a statement that the use of so-called “cookie walls” should be prohibited under the proposed EU e-Privacy...more
The EU General Data Protection Regulation (“GDPR”) came into force on May 25, 2018. With so much recent focus on preparing for and meeting this deadline, there is no doubt that companies will have breathed a sigh of relief to...more
Beginning in September 2018 and continuing through January 2019, the Federal Trade Commission (“FTC”) will hold a series of up to 20 public hearings intended to inform its future policy approach to antitrust and consumer...more
On April 24, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) announced a $2.5 million HIPAA settlement with CardioNet, a wireless health services provider. CardioNet provides remote mobile...more