Due diligence properly performed in connection with the purchase and sale of a health care entity is simply different—vastly so—than due diligence performed in other contexts. Failure to recognize this reality can lead to...more
9/26/2023
/ Anti-Kickback Statute ,
Billing ,
Buyers ,
Compliance ,
Department of Health and Human Services (HHS) ,
Due Diligence ,
False Claims Act (FCA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Reform ,
Medicaid ,
Medicare ,
Patients ,
PHI ,
Regulatory Requirements ,
Risk Management ,
Sellers ,
Sensitive Business Information ,
Sensitive Personal Information ,
Stark Law
Pursuant to Louisiana’s medical marijuana law, referred to as the “Alison Neustrom Act” or the “Act”, (1) Louisiana physicians who are registered to do so with the Louisiana State Board of Medical Examiners may recommend (but...more
HHS’s most recent guidance specifies the deadlines within which health care providers must use and report on Provider Relief Fund payments and provides much needed additional clarification concerning how and when health...more
On November 20, 2020, the Department of Health and Human Services (HHS) released final rules, effective as of January 19, 2021 (with limited exception), amending and updating the Stark Law, the Anti-Kickback Statute (AKS),...more
HHS recently (1) postponed the deadline for healthcare providers to submit reports on Provider Relief Fund payments that exceed $10,000 in the aggregate and (2) identified additional methods that healthcare providers may...more
On November 24, 2020, in connection with the statewide public health emergency that he declared on March 11, 2020, and noting that (1) “the State of Louisiana moved into Phase 1 of recovery on…May 15, 2020”, (2) “the State of...more
12/1/2020
/ Casinos ,
Centers for Disease Control and Prevention (CDC) ,
Churches ,
Coronavirus/COVID-19 ,
Extensions ,
Governor Bel Edwards ,
Health Care Providers ,
High Risk Sectors ,
Personal Protective Equipment ,
Phase II ,
Public Gatherings ,
Public Health Emergency ,
Re-Opening Guidelines ,
State and Local Government
On November 5, 2020, in further response to the public health emergency that he declared on March 11, Louisiana Governor John Bel Edwards issued a proclamation extending certain emergency provisions, including the relaxation...more
11/12/2020
/ Compliance ,
Coronavirus/COVID-19 ,
Executive Orders ,
Good Faith ,
Governor Bel Edwards ,
Health Care Providers ,
Healthcare Workers ,
Hospitals ,
Licensing Boards ,
Out-of-State Employees ,
Public Health Emergency ,
Re-Opening Guidelines ,
State and Local Government
On November 5, 2020, in connection with the statewide public health emergency that he declared on March 11, 2020, and noting that (1) “the State of Louisiana moved into Phase 1 of recovery on…May 15, 2020”, (2) “the State of...more
HHS reverses course and again permits healthcare providers to apply Provider Relief Fund payments against patient care lost “revenues” rather than limiting such application only to patient care lost “net operating...more
In the CARES Act that became law with President Trump’s signature on March 27, $100 billion was set aside for “health care related expenses or lost revenues that are attributable” to the COVID-19 pandemic. Commonly referred...more
The worldwide COVID-19 pandemic visited on America in the past several months has quickly reinvigorated the foundational and important debate concerning where, in a free society, individual autonomy ends (or should end) and...more
9/4/2020
/ Breach Notification Rule ,
Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Disclosure ,
Electronic Protected Health Information (ePHI) ,
Health and Safety ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
OCR ,
Patients ,
Personally Identifiable Information ,
PHI ,
Privacy Rule ,
Public Health Emergency ,
Security Rule ,
Telehealth
On August 6, 2020, in connection with the statewide public health emergency that he declared on March 11, 2020, and noting that (1) “the State of Louisiana moved into Phase 2 of recovery on…June 4, 2020”, (2) “because of the...more
In the CARES Act that became law with President Trump’s signature on March 27, $100 billion has been set aside for “health care related expenses or lost revenues that are attributable” to the COVID-19 pandemic. Commonly...more
8/14/2020
/ Applications ,
Audit Policies ,
CARES Act ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Extensions ,
Hardship Distributions ,
Health Care Providers ,
Paycheck Protection Program and Health Care Enhancement Act ,
Provider Relief Fund ,
Trump Administration
The CARES Act, which was signed into law on March 27, earmarks $100 billion for “health care related expenses or lost revenues that are attributable” to the COVID-19 pandemic. Legislatively titled the “Public Health and...more
On May 15, 2020, the same date on which Louisiana Governor John Bel Edwards lifted the statewide stay at home order as further discussed in this blog entry, the Louisiana Department of Health issued an emergency order...more
On May 14, 2020, noting that (1) “since the time of the original Stay at Home order, the number of new COVID-19 cases and COVID-related hospitalizations in Louisiana have decreased, with the peak of hospitalizations occurring...more
The CARES Act, which was signed into law on March 27, earmarks $100 billion for “health care related expenses or lost revenues that are attributable” to the COVID-19 pandemic. Legislatively titled the “Public Health and...more
On March 31, in further response to the public health emergency that he declared on March 11, Louisiana Governor John Bel Edwards issued a proclamation announcing further measures to combat the spread of the novel coronavirus...more
On April 30, 2020, noting that “over the last two weeks, the number of new cases of COVID-19 in Louisiana has decreased significantly, and there is significant evidence that Louisiana has flattened the curve of the virus”,...more
The CARES Act, which was signed into law on March 27, earmarks $100 billion for “health care related expenses or lost revenues that are attributable” to the COVID-19 pandemic. Legislatively titled the “Public Health and...more
On April 20, 2020, the Louisiana Department of Health issued an updated notice/order expanding the categories of medical and surgical procedures that may be performed, and issuing further guidance concerning certain other...more
On April 20, 2020, the Louisiana Department of Health issued an updated notice/order expanding the categories of medical and surgical procedures that may be performed, and issuing further guidance concerning certain other...more
On April 7, 2020, noting that “the COVID-19 outbreak in Louisiana is continuing to expand significantly,” “[t]he number of reported cases and deaths is expected to rise in the state in the coming weeks,” and “[a]dditional...more
On April 2, 2020, noting that “the COVID-19 outbreak in Louisiana has expanded significantly” since he declared a statewide public health emergency on March 11, 2020, and in order “to protect the health and safety of the...more
On March 31, in further response to the public health emergency that he declared on March 11, Louisiana Governor John Bel Edwards issued a proclamation announcing further measures to combat the spread of the novel coronavirus...more