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Health Updates

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

South Carolina Insurance Department Amends Privacy Regulations

by Weiner Brodsky Kider PC on

The South Carolina Department of Insurance recently amended its Privacy of Consumer Financial and Health Information provisions (Regulation 69-58) to eliminate the annual privacy notice requirements for financial institutions...more

GME Recommendations in the President's FY 2019 Budget Proposal - President Trump's FY 2019 budget proposal calls for structural...

by Dentons on

On February 12, 2018, the Trump administration released its Fiscal Year (FY) 2019 budget request. Published on an annual basis, presidential budget requests do not set the federal budget, but rather are "messaging" documents...more

Guidance on Guidance: DOJ Limits Use of Agency Guidance Documents in Civil Enforcement Cases

by McDermott Will & Emery on

In a two-page memorandum, the US Department of Justice (DOJ) announced a broad policy statement prohibiting the use of agency guidance documents as the basis for proving legal violations in civil enforcement actions,...more

The Bipartisan Budget Act Boosts Medicare: Flexibility and Financing for Healthcare Plans and Providers

On Friday, February 9, 2018, President Trump signed the Bipartisan Budget Act of 2018 (the “Budget”), a two-year budget which, in significant part, made substantial revisions to Medicare, including the Medicare Advantage (MA)...more

FDA Issues Draft Guidance for Obtaining Qualified Infectious Disease Product Designation Under the GAIN Act

The U.S. Food and Drug Administration (FDA) recently issued draft guidance on obtaining "Qualified Infectious Disease Product" (QIDP) designation for antibacterial and antifungal drug candidates intended to treat serious or...more

Top 5 Ways Telehealth Will Change Under the New Federal Funding Bill

by Foley & Lardner LLP on

The telemedicine industry has been abuzz upon learning that provider-friendly legislation was included in the new federal Bipartisan Budget Act of 2018, signed into law by the President on February 9, 2018. But telehealth...more

Latest Challenge to Affordable Care Act Arises in Idaho

The decision of Blue Cross of Idaho to offer health insurance plans that appear to violate federal law begins the latest chapter in the continuing saga of the Affordable Care Act’s increasingly tenuous existence. Blue Cross...more

2019 White House and HHS Budgets Released: Key Changes to Drug Pricing and Reimbursement Proposed

by Hogan Lovells on

On February 12, 2018, the White House Office of Management and Budget released an overview of the president's Fiscal Year (FY) 2019 Budget (the Budget), which makes, among many others, several proposals regarding drug pricing...more

Trump Administration’s Proposed FY 2019 Budget Targets Medicare, Medicaid for Savings, Seeks (Again) to Repeal/Replace ACA

by Reed Smith on

The Trump Administration has released its fiscal year (FY) 2019 budget proposal, which includes extensive health policy provisions. While most of the President’s policy proposals for Department of Health and Human Services...more

California Class Action Update

by Reed Smith on

Class actions hold our interest, even though we do not see them all that often anymore in the drug and medical device space. Maybe we are the rubbernecking motorists who can’t resist slowing down to gaze at someone else’s...more

Contracting Authorities Face Uphill Task In Lifting Automatic Suspension in Procurement Disputes

by Bryan Cave on

The Supreme Court decided last year in Nuclear Decommissioning Agency v Energy Solutions EU Ltd [2017] UKSC 34 (“the NDA case”) that a claimant no longer had an automatic right to damages for a breach of the public...more

HHS to Collect Data From the EMS System: Good Time to Examine Accounting, Cost, Billing, and Collection Systems

by Foley & Lardner LLP on

While recent legislation impacting the Emergency Medical Services (EMS)/ambulance industry drew attention inside the industry for its reduction in Health and Human Services’ (HHS) spend on non-emergent dialysis transports and...more

Escobar Compels Florida District Court to Overturn $350 Million Jury Verdict Arising from Claims of Inadequate Documentation

Last month, a U.S. District Court in the Middle District of Florida overturned judgments totaling $347,864,285 returned by a jury under the federal False Claims Act (FCA) and Florida’s state equivalent against the owners and...more

Senator Collins to Propose Legislation to Lower Drug Costs

by Goodwin on

After a committee hearing on the price of rheumatoid arthritis drugs last week, Senator Susan Collins (R-ME) announced that she is working on a bill designed to lower drug costs. According to Bloomberg Law, the aim of the...more

Ciox Health, LLC Initiates Lawsuit against the Department of Health and Human Services Over Medical Records Request Fees under...

On January 8, 2018, Ciox Health, LLC (Ciox) filed a complaint against the Department of Health and Human Services (HHS) and then-acting Secretary Eric D. Hargan, alleging that the Department’s rules and guidance, under HIPAA...more

CMS Announces Change to Student Documentation Requirement Intended to Reduce Burden on Teaching Physicians

On February 2, 2018, the Centers for Medicare & Medicaid Services (CMS) released Transmittal 3971 (Change Request 10412), which revises a section of the Medicare Claims Processing Manual (Manual), that provides guidance...more

What Happens When a Nursing Home Closes?

A nursing home closure can be traumatic for residents who are forced to move. While there may not be much that can be done to prevent a closure, residents do have some rights....more

GAO Report Calls for Increased CMS Oversight of Medicaid Services in Assisted Living Facilities

by Arnall Golden Gregory LLP on

The Government Accountability Office (GAO) recently released a report entitled “Medicaid Assisted Living Services: Improved Oversight of Beneficiary Health and Welfare is Needed.” The report, released on February 5, 2018,...more

Federal Circuit Addresses On-Sale Bar in The Medicines Co. v. Hospira, Inc. . . . Again

by Locke Lord LLP on

On February 6, 2018, the Federal Circuit issued another decision in The Medicines Company v. Hospira, Inc., addressing whether an agreement satisfies the “commercial offer for sale” prong of the on-sale bar under 35 U.S.C. §...more

New Legislation Aims to Assist HDHP Participants who have Chronic Conditions

Last week the Chronic Disease Management Act of 2018 (the “Act”) was introduced in the House of Representatives. In its current form, the Act intends to assist health plan participants with chronic conditions by waiving the...more

Out-of-Business File Storage Company Paid $100K for Alleged HIPAA Violations

by Murtha Cullina on

Yesterday, DHHS’s Office for Civil Rights (OCR) announced a $100,000 settlement with a dissolved medical records moving and storage company in Illinois. This is another example of OCR bringing enforcement actions against a...more

Will partisan assault on Obamacare also rack up costs of car insurance?

Although Congressional Republicans and the Trump Administration may not want to stop their relentless assault on the Affordable Care Act, aka Obamacare, there may be other reasons to persuade them to do so....more

OIG Gainsharing Opinion Facilitates P4P

by Tucker Arensberg, P.C. on

Although it has been almost a decade since the OIG has issued a gainsharing opinion, OIG Advisory Opinion No. 17-09 confirms the federal government’s support of the pay for performance concept. OIG 17-09 is the first...more

How Physicians Can Plan For The New 20% Deduction For Qualified Business Income From Pass Through Entities

by Murtha Cullina on

On December 22, 2017, President Trump signed the "Tax Cuts and Jobs Act" into law. Effective as of January 1, 2018, the Act represents the most sweeping changes to the US tax code in the last 30 years. While the most...more

Unanimous Defense Verdict for Home Healthcare Provider

Jones, Skelton & Hochuli, PLC is pleased to announce Partner Donn Alexander and Associate Cory Tyszka obtained a unanimous defense verdict in a home healthcare matter. This case involved allegations of abuse, neglect, and...more

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