News & Analysis as of

Hospitals Regulatory Standards

McCarter & English, LLP

New Jersey Regulatory Update Part II

Part II of our New Jersey Regulatory Update further identifies proposed and adopted regulations that may impact healthcare providers, from additional financial transparency rules impacting facilities to rules attempting to...more

Holland & Hart LLP

24-Hour Mental Holds In Idaho: New Standards, New Problems

Holland & Hart LLP on

Since early 2022, the Idaho legislature has modified the standards for a patient’s capacity to consent to healthcare and 24-hour protective holds. This health law update summarizes the current rules for capacity and consent;...more

Faegre Drinker Biddle & Reath LLP

The Omnibus Appropriations Act Grants FDA Formal Authority to Require Cybersecurity Action by Medical Device Manufacturers

Cyberattacks affecting internet-connected medical devices like insulin pumps, intracardiac defibrillators, mobile cardiac telemetry, pacemakers and intrathecal pain pumps have increased in recent years. And such attacks show...more

McDermott Will & Emery

The Joint Commission Eliminates 14% of Its Standards Across All Accreditation Programs

McDermott Will & Emery on

Effective January 1, 2023, The Joint Commission (TJC) eliminated 168 (or 14%) of its accreditation standards across all of its accreditation programs and revised 14 other standards. To further streamline its standards, TJC is...more

Health Care Compliance Association (HCCA)

Compliance Today - December 2022. Intersection of ESG, health equity, and 501(r) compliance

Compliance Today - December 2022 - We are at a critical moment of change when it comes to truly addressing health inequities in this country. With the intersection of environmental, social, and governance (ESG) reporting and...more

Proskauer - Health Care Law Brief

CMS Appears to Soften Co-Location Restrictions in Newly-Revised Guidelines

In a November 12, 2021 revision of its prior draft guidelines for hospital co-location compliance with Medicare conditions of participation (COP) for hospitals (QSO-19-13), CMS has apparently softened its approach to...more

Robinson+Cole Health Law Diagnosis

CMS Finalizes Guidance on Hospital Co-Location

On November 12, 2021, the Centers for Medicare & Medicaid Services (CMS) issued finalized guidance (“Guidance”) clarifying that hospitals can share space, services, or personnel with another hospital or health care provider...more

Troutman Pepper

Pennsylvania Supreme Court to Address Whether Peer Review Privilege Applies to Hospital Credentialing

Troutman Pepper on

Last week, the Pennsylvania Supreme Court announced it would address whether the Pennsylvania Peer Review Protection Act (PRPA or Act) protects documents in hospital credentialing files. This decision could significantly...more

Morgan Lewis - Health Law Scan

CMS Ties Reporting of COVID-19 to Medicare, Medicaid Conditions of Participation—and Imposes Civil Monetary Penalties

In a stunning move, the Centers for Medicare and Medicaid Services (CMS) has linked reporting and tracking of the incidence and impact of the coronavirus (COVID-19) disease to satisfaction of the Medicare Conditions of...more

Bradley Arant Boult Cummings LLP

Changing Legal Issues for Providers Regarding COVID-19: Long Term Care Was First – Who Will Be Next? - Healthcare Alert

Virtually everyone has seen numerous news reports each day for the past week about multiple confirmed cases of COVID-19 in long term care facilities. Those reports started with a skilled nursing facility in Kirkland,...more

Winstead PC

Physician Non-Compete Agreements and the Anti-Kickback and Physician Self-Referral Laws

Winstead PC on

It is common practice for a hospital to require a physician to sign a non-compete agreement whenever the hospital employs the physician or acquires the physician’s medical practice. In certain respects, that is to be...more

King & Spalding

CMS Issues Final Rule Aimed to Reduce Burden on Providers and Suppliers Through Regulatory Reforms

King & Spalding on

On September 26, 2019, CMS issued a Final Rule that CMS intends will reform certain Medicare regulations related to standards and certifications that CMS identified as “unnecessary, obsolete, or excessively burdensome.” CMS...more

Bricker Graydon LLP

OCR begins HIPAA right of access enforcement initiative

Bricker Graydon LLP on

Over the past several years, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) has taken various steps to ensure compliance with the right of access by covered entities. The Phase 2 audits...more

Hogan Lovells

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Spring 2019

Hogan Lovells on

Read the latest news on antitrust, competition and economic regulation (ACER) in this Spring's edition of our quarterly ACER newsletter. ...more

Franczek P.C.

No Solicitation: NLRB Decision Allows Employers to Prohibit Union Solicitation in the Workplace

Franczek P.C. on

On June 14, 2019, the National Labor Relations Board (the “Board”) overturned its long-standing ‘public spaces’ exception that allowed nonemployee union representatives access to employer-owned public spaces so long as those...more

Polsinelli

Space Sharing Re-Boot: CMS Offers a New Approach in the State Operations Manual

Polsinelli on

On May 3, 2019, CMS published draft guidance regarding space sharing between co-located hospitals and hospitals co-located with other health care entities. ...more

Bricker Graydon LLP

CMS draft guidance on hospital co-location offers narrow sharing of hospital space

Bricker Graydon LLP on

On May 3, 2019, the Centers for Medicare & Medicaid Services (CMS) issued draft guidance to be used by state survey agencies in reviewing how shared space, services, personnel and emergency services can be organized by...more

Manatt, Phelps & Phillips, LLP

[Webinar] What Marketplace and Regulatory Drivers Are Transforming Healthcare M&A? - April 2nd, 1:00p.m. ET

What are the trends driving the growth in healthcare transactions? What are the new M&A strategies remapping the healthcare landscape? Find out the answers in a new Manatt webinar....more

Polsinelli

Health Care Reform, Colorado-Style: What to Expect When You’re Expecting (Legislation)

Polsinelli on

March 4, 2019 was the mid-point of the 120 day regular session of Colorado’s General Assembly. Before adjournment on May 3, 2019, significant legislative actions and resulting changes in the regulatory framework seem likely...more

Obermayer Rebmann Maxwell & Hippel LLP

Trump’s Administration Plans to Fix U.S. Healthcare System through Choice and Competition

The Trump administration has issued a 119-page report Reforming America’s Healthcare System Through Choice and Competition that reaffirms the administration’s effort to deregulate the healthcare industry in an attempt to...more

Holland & Hart - Health Law Blog

EMTALA: Guide for Exams, Treatment and Transfers

The Emergency Medical Treatment and Active Labor Act (“EMTALA”) generally requires hospitals to provide emergency care to patients who come to the hospital regardless of their ability to pay. Hospitals that violate EMTALA may...more

Benesch

Benesch Market Intelligence: Health Care Quarterly Report - Q2 2018

Benesch on

Private Equity & M&A - Real estate giant Hines partners with Sentio to invest in senior housing - Houston-based real estate company Hines has announced that it has partnered up with Orlando-based health care...more

Bricker Graydon LLP

EMTALA screening for behavioral health patients

Bricker Graydon LLP on

With the increase in mental and behavioral health patients presenting to emergency departments, hospitals often struggle with how to adequately and efficiently serve this patient population while complying with the...more

Polsinelli

The More Things Change, the More They Stay the Same – CMS’ Guidance on Co-Located Hospitals and the Removal of Certain Hospital...

Polsinelli on

With recent changes to the Hospital within Hospital (“HwH”) rules, is it easier to meet the HwH standards? Likely, not. HwHs are hospitals excluded from the inpatient prospective payment system (“IPPS”), such as psychiatric,...more

Burr & Forman

The Largest EMTALA Settlement Underscores the Difficulty of Treating Behavioral Health Patients in the Emergency Room

Burr & Forman on

On June 2, 2017, Anderson, S.C.-based AnMed Health and the Department of Health and Human Services Office of Inspector General entered into the largest settlement under the Emergency Medical Treatment and Labor Act...more

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