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Telehealth Flexibilities Extended – For Now

The Consolidated Appropriations Act of 2022, signed by President Biden on March 15, 2022, extends federal telehealth flexibilities beyond the expiration date of the public health emergency for a limited time. The public...more

First Circuit Decision Underlines Risk of Criminal HIPAA Enforcement

On August 6, 2020, the U.S. Court of Appeals for the First Circuit affirmed the conviction of Massachusetts gynecologist Rita Luthra for criminal HIPAA violations and obstructing a health care investigation. Although such...more

Buchalter Client Alert COVID-19: Hastening Telehealth Provision of Medical Services Across State Lines

In response to the COVID-19 pandemic, the majority of states have temporarily waived or modified licensure requirements, allowing licensed practitioners from other states to provide in-person or telehealth services without...more

New Flexibility for Telehealth: Waiving Cost-Sharing Obligations and Using Audio/Video Communications

On March 17, 2020, the Department of Health and Human Service (“HHS”) Office of Inspector General (“OIG”) issued a policy statement recognizing the “regulatory flexibility necessary to adequately respond to COVID-19...more

The California Consumer Privacy Act’s Applicability to the Health Care Industry

Health care providers are familiar with their obligations regarding protected health information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”) and...more

OIG Finalizes New and Expanded Anti-Kickback Safe Harbors, Issues Guidance Regarding Nominal Gifts

In an uncertain health care environment following the presidential election, the Department of Health & Human Services Office of Inspector General (“OIG”) finalized a new rule expanding existing safe harbors to the federal...more

New HIPAA Guidance Reaffirms Patients’ Rights in Health Data

On February 25, 2016, the U.S. Department of Health & Human Services Office of Civil Rights (“OCR”) issued new guidance in the form of FAQs, reaffirming patients’ rights to direct their personal health care data to third...more

New ASC Requirements Coming in 2016

SB 396 (Hill) becomes effective on January 1, 2016, adding new patient protection measures to the current regulation of ambulatory surgery centers (“ASCs”). First, SB 396 authorizes accreditation organizations to perform...more

Giving Your Physician Agreements a Check-Up

On June 9, 2015, the Department of Health and Human Services Office of Inspector General (“OIG”) issued a fraud alert regarding physician compensation relationships and potential liability for illegal kickbacks under the...more

Health Care and Life Sciences Practice Newsletter

Lions and Tigers and Bears, Oh My! The Unexpected Laws that May Affect Your Telehealth Business - An increasing number of health care providers are exploring telemedicine, either as an adjunct to their primary physical...more

Who’s In Your Wallet? Is Your Company Being Hijacked by Identity Thieves?

The California Secretary of State has detected increased criminal activity aimed at businesses, as identity thieves make phony filings with the Secretary of State’s office that help them gain access to bank accounts and...more

Telemedicine Providers Need to Keep Up with State Laws

Tech-savvy health care providers and tech-savvy patients in California can be grateful for California’s policies regarding telehealth practices. Consider the turmoil in Texas: telehealth practitioners who want to treat...more

Nondisclosure Agreements: A Lesson from Daughters of Charity

On February 23, 2015, Daughters of Charity Health System filed a complaint in Santa Clara County against Service Employees International Union, the local SEIU affiliate, and Blue Wolf Capital, the SEIU’s ally in a bid for the...more

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