As outlined in our prior client alert, the healthcare industry can breathe a temporary sigh of relief as Congress has once again acted to extend for an additional six months the Medicare telehealth flexibilities implemented...more
On March 3, the Federal Register published a policy statement from the Department of Health and Human Services (HHS) titled “Policy on Adhering to the Text of the Administrative Procedure Act” (the Policy Statement)....more
As we begin a year that will once again be transformative for the industry, we are excited to present our comprehensive 2024 year-in-review, highlighting all that has happened and the trends that will shape 2025. ...more
1/22/2025
/ Artificial Intelligence ,
Centers for Medicare & Medicaid Services (CMS) ,
Cybersecurity ,
False Claims Act (FCA) ,
Health Care Providers ,
Health Information Technologies ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Life Sciences ,
Long Term Care Facilities ,
Medical Devices ,
Medicare ,
OIG ,
Patient Privacy Rights ,
Regulatory Requirements ,
Section 340B ,
Telehealth
On September 30, 2024, Judge Kathryn Mizelle of the U.S. District Court for the Middle District of Florida dismissed United States, ex rel. Zafirov v. Florida Medical Associates, LLC et al., a False Claims Act (FCA) case...more
Chair Gensler’s Public Statements Warning of AI’s Impact on Securities Industry -
In his speech before the National Press Club, Chair Gensler focused on the tremendous opportunities AI technology presents but cautioned...more
8/8/2023
/ Analytics ,
Artificial Intelligence ,
Bias ,
Broker-Dealer ,
Compliance ,
Conflicts of Interest ,
Data Privacy ,
Intellectual Property Protection ,
Investment Adviser ,
Machine Learning ,
Proposed Rules ,
Public Statements ,
Securities and Exchange Commission (SEC)
On June 16, 2023, the United States Supreme Court issued an 8-1 decision in the case of United States, ex rel. Polansky v. Executive Health Resources, Inc., which held that the Department of Justice (DOJ) can move to dismiss...more
6/21/2023
/ Article II ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Rules of Civil Procedure ,
Healthcare Fraud ,
Judicial Intervention ,
Lack of Authority ,
Motion to Dismiss ,
Qui Tam ,
Regulatory Authority ,
Relators ,
SCOTUS ,
United States ex rel Polansky v Executive Health Resources Inc ,
Whistleblowers
In April 2022, CMS announced an initiative to pay for Medicare beneficiaries to receive free OTC COVID-19 test kits. Specifically, Medicare established a demonstration project to pay various eligible healthcare providers to...more
6/12/2023
/ Audits ,
Centers for Medicare & Medicaid Services (CMS) ,
CID ,
Coronavirus/COVID-19 ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Diagnostic Tests ,
False Claims Act (FCA) ,
Government Investigations ,
Health Care Providers ,
Medicare ,
Over The Counter Drugs (OTC) ,
Reimbursements ,
Subpoenas ,
Virus Testing
On Aug. 24, the United States District Court for the District of Idaho issued a preliminary injunction blocking the enforcement of Idaho’s new abortion law. The law was set to take effect on Aug. 25, 2022....more
On Aug. 2, the U.S. Department of Justice (DOJ) filed suit against the state of Idaho to block a state abortion law set to take effect on Aug. 25, claiming that it violates the federal Emergency Medical Treatment and Labor...more
8/4/2022
/ Abortion ,
Department of Justice (DOJ) ,
Emergency Rooms ,
EMTALA ,
Federal Funding ,
Hospitals ,
Medicare ,
New Legislation ,
Pending Litigation ,
Preemption ,
Supremacy Clause
On Nov. 2, 2021, the Centers for Medicare & Medicaid Services (CMS) published the Calendar Year (CY) 2022 Medicare Physician Fee Schedule (MPFS) final rule. This final rule will take effect on Jan. 1, 2022, and will include...more
On Nov. 2, 2021, the Centers for Medicare & Medicaid Services (CMS) issued the calendar year (CY) 2022 Medicare Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center Payment System (OPPS) final rule....more
On Sept. 9, 2021, President Biden announced his COVID-19 Action Plan – “Path Out of the Pandemic.” As part of this plan, the Centers for Medicare & Medicaid Services (CMS) was directed to issue emergency regulations requiring...more
Earlier this year, the Centers for Medicare & Medicaid Services (CMS), in collaboration with the Centers for Disease Control and Prevention (CDC), issued emergency regulations requiring COVID-19 vaccination for all nursing...more
On July 13, 2021, the Centers for Medicare & Medicaid Services (CMS) published its annual proposed changes to the Medicare Physician Fee Schedule. Among the 1,747 pages of proposals, one notable standout is the announcement...more
This is the second in a series of client alerts on the collaborative effort between the Department of Health and Human Services Office of Inspector General (OIG) and the Centers for Medicare & Medicaid Services (CMS), which...more
The Accelerated and Advance Payment (AAP) program is a Medicare loan program that the Centers for Medicare & Medicaid Services (CMS) typically uses in emergency situations. On March 28, CMS expanded the AAP program to help...more
Earlier this month, the U.S. Department of Health & Human Services (HHS) published updated reporting guidance for entities that received $10,000 or more in payments under the Provider Relief Fund (PRF) created by the CARES...more
On Mar. 13, the Centers for Medicare and Medicaid Services (CMS) issued an updated memorandum titled “Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes.”...more