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HIPAA “Right of Access” Enforcement Trend Continues

The Office of Civil Rights of the Department of Health and Human Services (“OCR”) announced the resolution of three more right of access cases, bringing the total to a whopping 41 since the start of its drive to increase...more

Office of Civil Rights Releases Patient Privacy Guidance in the Wake of Dobbs Decision

Patient privacy concerns are at an all-time high following the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization. Following their statements affirming that abortion constitutes basic and essential health...more

HHS, Treasury And Labor Release First Set Of Surprise Billing Rules

The United States Departments of Health and Human Services, Treasury and Labor released interim final rules (“Rules”) regarding the “No Surprises Act” (“Act”) yesterday. The Rules are effective beginning on January 1, 2022....more

Northern District Of California Grants Preliminary Injunction Against Most Favored Nation Rule

On December 28, 2020, the District Court for the Northern District of California granted a motion for a preliminary injunction enjoining the Centers for Medicare and Medicaid Services from implementing the Most Favored Nation...more

District Court Grants TRO On Most Favored Nation Rule

On December 23, 2020, The District Court for the District of Maryland granted a temporary restraining order temporarily ceasing the implementation of the Centers for Medicare and Medicaid Services’ (“CMS”) Most Favored...more

Pennsylvania Act 80: Central Service Technician And Surgical Technologist Regulation Act

On October 29, 2020, Governor Wolf signed House Bill 81 into law, creating new minimum education and certification requirements for central service technicians and surgical technicians working in the Commonwealth, and...more

A Week After Pharma Price Disclosure Is Rule Struck Down, D.C. Judge Upholds Hospital Price Transparency Rule

As we indicated in last week’s blog post , the D.C. Circuit Court’s refusal to uphold HHS’ pharmaceutical price disclosure rule (“RX Rule”) was not a predictor of how the trial court might rule in the closely watched...more

Pharma Price Disclosure Rule Struck Down: Will Hospital Price Transparency Rule Meet The Same Fate?

On June 16, the D.C. Circuit Court struck down the Centers for Medicare and Medicaid Services’ (“CMS”) rule issued in May 2019 requiring pharmaceutical companies to disclose the wholesale acquisition cost of drugs over $35 in...more

Pennsylvania Attorney General Announces Nursing Home Criminal Investigations

On May 12, Attorney General (AG) Josh Shapiro announced that the office’s Care-Dependent Neglect Team, which is part of the Medicaid Fraud Control unit, has launched investigations on potential cases of criminal neglect in...more

Additional Health Care Provider Relief Funds In April Stimulus Bill

On Friday, April 24th, President Trump signed the Paycheck Protection Program and Health Care Enhancement Act (“Act”) into law that will send an additional $75 billion to the Public Health Emergency and Social Services Fund...more

CMS Announces Enhanced Nursing Home Reporting Requirements

On April 19, CMS announced two new reporting requirements for nursing homes: first, nursing homes will now be required to inform, on an ongoing basis, residents, their families, and representatives of confirmed or suspected...more

OCR Releases Notification of Enforcement Discretion at COVID-19 Community-Based Testing Sites

On April 9, the Office for Civil Rights of the Department of Health and Human Services (OCR) released a notice of enforcement discretion to covered health care providers and their business associates that, during the COVID-19...more

HHS To Release Highly Anticipated Public Health And Social Services Emergency Fund Guidance Soon

The CARES Act (“Act”) appropriates $100 billion to create a Public Health Social Service Emergency Fund (“Fund”) to prevent, prepare for, and respond to coronavirus domestically and internationally for necessary expenses to...more

5th Circuit Holds Individual Mandate Is Unconstitutional, But Remands To District Court To Decide Severability

In a 2-1 decision published on December 18, 2019, a 5th Circuit panel upheld the Texas District Court’s decision ruling that the ACA individual mandate tax which, since January 2019, has had no monetary consequence, is...more

Pennsylvania Act 112 Of 2019: Opioid Treatment Agreements

As another mark of progress in the fight against opioid addiction, Governor Wolf signed Senate Bill 572 (the “Act”) into law on November 27, 2019, requiring prescribing providers (referred to as “Prescribers”) to take several...more

Hospital Price Transparency Requirements

CMS finalized the Outpatient Prospective Payment System hospital price transparency rules on November 15, 2019. As of January 1, 2021, hospitals will have to publicly post (and update annually) two sets of data: first, a...more

CMS Guidance On “Shared Space” – Comment Period Closing July 2, 2019

CMS recently issued long-awaited draft guidance on hospital co-location with other hospitals or healthcare facilities, providing some potential insight on the otherwise ambiguous prohibition on “shared space.” This...more

New Pennsylvania Laws: Is Your Organization Compliant?

In 2018, Governor Tom Wolf signed a multitude of bills into law that significantly impact Pennsylvania health care providers. Compliance deadlines for these new laws vary. Implementing any new policies or procedures often...more

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