Substance use disorder (SUD) providers who are subject to the federal Confidentiality of Substance Use Disorder Patient Records regulations, commonly referred to as the “Part 2 Regulations,” are officially subject to a new...more
3/3/2026
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Final Rules ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Notice of Privacy Practices ,
OCR ,
Regulatory Reform ,
Substance Abuse
As the telehealth industry is acutely aware, Medicare’s telehealth flexibilities and the Acute Hospital Care at Home Program, both of which have been in place since 2020, expired on January 31, 2026. While on that day the...more
The end of 2025 saw several notable developments for the telehealth industry with early 2026 poised to potentially challenge the industry with the impending expiration of the short-term extension of the Medicare telehealth...more
On September 30th, 2025, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced a settlement with Cadia Healthcare Facilities for potential violations of the HIPAA Privacy and Breach...more
As we’ve covered again and again over the past five years, providers are once more facing the prospect of a telehealth “cliff” if Congress does not take action to extend the Medicare flexibilities for telehealth services that...more
9/26/2025
/ Appropriations Bill ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Health Care Providers ,
Medicare ,
New Legislation ,
Popular ,
Proposed Legislation ,
Public Health Emergency ,
Telehealth ,
Telemedicine
In a move that underscores the growing urgency around health care cybersecurity, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has released version 3.6 of its Security Risk Assessment...more
On June 11, 2025, the Department of Health and Human Services Office of Inspector General (OIG) issued a favorable advisory opinion on a proposed arrangement where a physician practice managed by a management services...more
In the latest episode of Health Law Diagnosed, host Bridgette Keller discusses the new Massachusetts Health Care Market Review Law and what this means for health care providers, investors, and other key stakeholders. She is...more
3/12/2025
/ Acquisitions ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Investors ,
Mergers ,
New Legislation ,
Private Equity ,
Regulatory Requirements ,
State and Local Government
In the latest episode of Health Law Diagnosed, host Bridgette Keller discusses the new Massachusetts Health Care Market Review Law and what this means for health care providers, investors, and other key stakeholders. She is...more
The New York legislature passed its version of Washington’s My Health My Data Act (“WA MHMDA”) on January 22, 2025. Currently awaiting action by Governor Kathy Hochul, the New York Health Information Privacy Act (“NY HIPA”)...more
The latest entrant in a national wave of policymakers enacting health care market oversight laws that have a significant impact on providers and investors, Massachusetts Governor Maura Healey has signed into law House Bill...more
1/9/2025
/ Acquisitions ,
Compliance ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Health Care Providers ,
Investors ,
Mergers ,
Pharmacy Benefit Manager (PBM) ,
Private Equity ,
Regulatory Requirements ,
REIT ,
Reporting Requirements ,
State and Local Government ,
State Attorneys General
Telehealth companies and other industry stakeholders have had a watchful eye towards the end of 2024 and the impending “telehealth cliff” as COVID-era Drug Enforcement Agency (DEA) flexibilities and Medicare expanded...more
12/5/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Controlled Substances ,
Controlled Substances Act ,
DEA ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Physician Fee Schedule ,
Proposed Regulation ,
Regulatory Oversight ,
Shareholders ,
Telehealth
Commencing October 2024, CMS will start off-cycle revalidations of all Skilled Nursing Facilities (SNFs). As part of the revalidation process, SNFs must disclose the additional information required under CMS’ final rule,...more
Last week, Texas Attorney General Ken Paxton filed a complaint in federal district court against HHS and the Office for Civil Rights (OCR) challenging a recently issued rule strengthening protection of protected health...more
Earlier this week, the Biden-Harris Administration, through the Office for Civil Rights (OCR) announced a Final Rule aimed at protecting protected health information (PHI) related to lawfully provided reproductive health care...more
In a defining moment for reproductive rights in America, the Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization (2022) marked a pivotal turning point. This ruling, revoking the constitutional right to...more
As we reflect on the flurry of activity in the health care data privacy and security space in 2023 and look ahead to what will continue to be a busy 2024, we are seeing the early stages of federal agency movement to align the...more
1/26/2024
/ Artificial Intelligence ,
Cybersecurity ,
Data Breach ,
Data Security ,
Department of Health and Human Services (HHS) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Healthcare ,
HIPAA Privacy Rule ,
Information Blocking Rules ,
Mental Health ,
Notice of Proposed Rulemaking (NOPR) ,
OCR ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Reproductive Healthcare Issues ,
Request For Information ,
SAMHSA ,
Substance Abuse ,
Transparency
On October 10, 2023, the Drug Enforcement Administration (DEA) published another temporary rule extending the COVID-era telemedicine flexibilities that allow physicians and other prescribers to prescribe controlled substances...more
10/25/2023
/ Controlled Substances ,
Coronavirus/COVID-19 ,
Data Collection ,
DEA ,
Department of Health and Human Services (HHS) ,
Mental Health ,
Patients ,
Pharmacies ,
Public Health Emergency ,
Ryan Haight Act ,
Shareholders ,
Telehealth ,
Telemedicine
A new Florida law will require certain Florida-licensed providers to ensure that patient information is physically maintained only in the continental United States and its territories or in Canada. Florida SB 264, which goes...more
6/21/2023
/ American Health Care Act (AHCA) ,
CEHRT ,
Data Security ,
Data Storage ,
Disclosure Requirements ,
Electronic Protected Health Information (ePHI) ,
Florida ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicare Advantage ,
PHI ,
Privacy Laws
As we previously covered, in March 2023, the Drug Enforcement Agency (DEA) announced a proposed rule on prescribing controlled substances via telehealth, aimed at addressing the “telehealth cliff” that was expected to occur...more
With just over two months before the COVID-19 Public Health Emergency (PHE) expected expiration on May 11, 2023, the Drug Enforcement Agency (DEA) has finally announced its proposed rule on prescribing controlled substances...more
3/6/2023
/ Comment Period ,
Controlled Substances Act ,
Coronavirus/COVID-19 ,
DEA ,
Pharmaceutical Industry ,
Pharmacies ,
Proposed Regulation ,
Proposed Rules ,
Public Health Emergency ,
Telehealth ,
Telemedicine
The COVID-19 Public Health Emergency (PHE), which was originally declared nearly three years ago, has been renewed through April 2023. As we’ve previously covered, the PHE allowed federal and state regulators to relax certain...more
1/12/2023
/ American Hospital Association ,
American Telemedicine Association ,
Coronavirus/COVID-19 ,
DEA ,
Hospice ,
Medicare Beneficiaries ,
Mental Health ,
Public Health Emergency ,
Rural Health Care Providers ,
Ryan Haight Act ,
Telehealth
Covered Entities and Business Associates should promptly and carefully review their use of online tracking technologies on their websites and mobile apps following a bulletin (Bulletin) published by the U.S. Department of...more
12/8/2022
/ Class Action ,
Compliance ,
Data Collection ,
Dobbs v. Jackson Women’s Health Organization ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Apps ,
OCR ,
PHI ,
Reproductive Healthcare Issues ,
Risk Assessment ,
Websites
As we’ve previously covered, while Congress has acted to extend certain COVID-era telehealth flexibilities (mostly related to Medicare coverage) beyond the Public Health Emergency (PHE), the future of prescribing controlled...more
Last week saw a lot of great news in the world of telehealth. On March 15, President Biden signed into law H.R. 2471, the “Consolidated Appropriations Act, 2022”, which extends many of the Medicare telehealth flexibilities...more
3/23/2022
/ Appropriations Bill ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
DEA ,
Department of Health and Human Services (HHS) ,
FQHC ,
Joe Biden ,
Medicare ,
Mental Health ,
OIG ,
Public Health Emergency ,
Rural Health Care Providers ,
Telehealth