On April 23, 2024, the Federal Trade Commission (FTC), through a 3-2 vote, approved a final rule (the Final Rule), banning most forms of non-compete clauses with workers. A non-compete clause generally prevents a worker from...more
5/6/2024
/ Competition ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Healthcare Facilities ,
Healthcare Workers ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
The Centers for Medicare & Medicaid Services (CMS) has revised certain payment policies under the Medicare physician fee schedule, and updated provider and supplier enrollment regulations. CMS recently published a final rule...more
As the world continues to grapple with the COVID-19 pandemic that has taken the lives of over 250,000 Americans, and worldwide over 1 million people, this year, an effective vaccine has emerged as our silver bullet – a way...more
Even in this time of crisis, nothing has changed about a hospital’s obligation to comply with the Emergency Medical Treatment and Labor Act (EMTALA). However, the Centers for Medicare and Medicaid Services (CMS) has issued...more
Computer hacking, and the permutation of crimes that can be committed by hackers, generally does not spur images of infliction of physical harm. However, in a chilling turn of events, computer hackers have opened a new front...more
In May of 2018, the European Union enacted the General Data Protection Rules, or GDPR, a legal framework that outlines not only how companies may collect and process personal information of EU residents, but how that data is...more
12/12/2019
/ California Consumer Privacy Act (CCPA) ,
Data Breach ,
Data Processors ,
Data Protection ,
Enforcement Authority ,
EU ,
EU Data Protection Laws ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Preemption ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
Regulatory Agenda ,
Risk Management
Congress has long attempted to grapple with issues of cyber-security, both within the healthcare field, and generally in the United States. ...more
In a memorandum issued by the Centers for Medicare and Medicaid Management (“CMS”) on August 29, 2018, the federal government outlined new ‘flexibility’ and tools for Part D plans to “expand choices and lower drug prices for...more
It is safe to say that there has been much fear and confusion over the European Union (EU) General Data Protection Rule, or GDPR. ...more
5/1/2018
/ Cooperative Compliance Regime ,
Cybersecurity ,
Data Breach ,
Data Protection ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information ,
Risk Management
Just over four weeks after the Congressional Budget Office (CBO) released its score of the American Healthcare Act (AHCA), the bill passed by a narrow margin in the U.S. House of Representatives, the U.S. Senate released ‘The...more
6/23/2017
/ Abortion ,
Affordable Care Act ,
American Health Care Act (AHCA) ,
Employer Mandates ,
Health Insurance ,
Individual Mandate ,
Medicaid ,
Planned Parenthood ,
Proposed Legislation ,
Public Health Insurance Marketplace ,
Repeal ,
Tax Credits ,
Trump Administration
Perhaps the high fives in the Rose Garden of the White House a few weeks ago may have been a bit premature. On Wednesday, May 24, 2017, the non-partisan Congressional Budget Office (CBO) released its analysis of the revised...more
To great fanfare by both the leadership of the Republican caucus in the House of Representatives (the House) and President Trump, on May 4, 2017, the American Health Care Act (AHCA), the proposed successor/replacement to the...more
On April 8, 2016, the Internal Revenue Service (IRS) released Private Letter Ruling (PLR) 201615022, which denied tax-exempt 501(c)(3) status to a commercial accountable care organization (ACO). This ruling marks the first...more
In early July, the Centers for Medicare and Medicaid Services (CMS) published a notice of proposed rulemaking, amending the Physician Self-Referral Prohibitions, or Stark law. 80 Fed. Reg. 41,909-930 (July 15, 2015). The...more
7/23/2015
/ Affordable Care Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Financial Assistance Policies ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Medicaid ,
Medicare ,
Physicians ,
Stark Law ,
Timeshare
As we look into our crystal balls, we do not expect a lot of new issues in 2015. Rather, we believe that most of the significant issues will be a continuation of issues that arose in 2014 or earlier. ...more
1/9/2015
/ Affordable Care Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Employer Group Health Plans ,
Health Insurance ,
Health Insurance Exchanges ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Hospital Mergers ,
Joint Venture ,
King v Burwell ,
Medicaid ,
Medicaid Expansion ,
Medicare Shared Savings Program ,
Pharmaceutical Industry ,
PHI ,
Quality of Care Standards ,
Security and Privacy Controls ,
Subsidies
On June 20, 2014, Governor Rick Scott signed into law the Florida Information Protection Act of 2014 ("FIPA"), which became effective July 1, 2014. FIPA expands the obligations of businesses and government entities that...more
7/29/2014
On June 20, 2014, Governor Rick Scott signed into law the Florida Information Protection Act of 2014 ("FIPA"), which became effective July 1, 2014. FIPA expands the obligations of businesses and government entities that...more
According to the federal government, over 370,000 providers have participated in the Medicare and Medicaid Electronic Health Record ("EHR") incentive program since its inception in 2011. However, providers nationwide continue...more
5/27/2014
/ CEHRT ,
Centers for Medicare & Medicaid Services (CMS) ,
EHR ,
Electronic Medical Records ,
Healthcare ,
Hospitals ,
Medicaid ,
Medicare ,
Physician Medicare Reimbursements ,
Proposed Regulation ,
Reimbursements
The past year was one of the most eventful in recent memory for healthcare policy. As the Affordable Care Act ("ACA") continued its inexorable, albeit at times wobbly, march towards implementation, the headlines became more...more
1/16/2014
/ Affordable Care Act ,
EHR ,
Employer Mandates ,
Fraud ,
Fraud and Abuse ,
Health Insurance Exchanges ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Fraud ,
Healthcare.gov ,
Transparency
Current events were top-of-mind last Friday, November 15, 2013, as Akerman LLP's Healthcare Practice Group and Wells Fargo invited clients and industry professionals to engage in a thoughtful discussion on healthcare reform...more
On November 20, 2012, the United States Department of Health and Human Services (DHHS), Center for Medicare and Medicaid Services (CMS) published proposed rules to implement several key areas of the Affordable Care Act (ACA)....more