Morgan Lewis - Health Law Scan

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Firm Profile: Morgan Lewis
1701 Market Street
Philadelphia, PA 19103-2921, United States
Phone: 215.963.5000
Fax: 215.963.5001
Areas Of Practice
  • Health
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CMS Expands Hospice Oversight to Georgia and Ohio as DEA Extends Telemedicine Flexibilities

Recent regulatory actions by the Centers for Medicare and Medicaid Services (CMS), the US Drug Enforcement Administration (DEA), and the US Department of Health and Human Services (HHS) highlight heightened federal scrutiny of… more
 /  Administrative Law, Health, Science, Computers, & Technology

Applied Behavioral Analysis: Key Service for Children with Autism is Under Payment Scrutiny

In the past decade, there has been a significant increase in the utilization of Applied Behavioral Analysis (ABA) therapy, in large part because of expanded coverage under all Medicaid programs since 2022. Both federal and state… more
 /  Administrative Law, Health, Insurance

Double Dose of Regulation: The Impact of SB 351 and AB 1415 on California Healthcare Transactions

California Governor Gavin Newsom recently signed two new bills into law that formalize restrictions on medical and dental practice management platforms operated by private equity groups and hedge funds and increase the state’s… more
 /  Business Organizations, Commercial Law & Contracts, Health, Mergers & Acquisitions

Remote Control: Key Findings and Implications of HHS-OIG’s Report on Medicare Billing for RPM

The US Health and Human Services Office of Inspector General (OIG) recently released a report by its Office of Evaluation and Inspections highlighting significant trends and recommendations regarding billing for remote patient… more
 /  Health, Insurance

Enforcement Notes from American Health Law Association’s Fraud and Compliance Forum

Representatives from the defense bar and the healthcare and life sciences industry recently met for the American Health Law Association’s Fraud and Compliance Forum. The conference programming covered an array of topics for… more
 /  Health, Insurance, Science, Computers, & Technology

Ninth Circuit Ruling Confirms Strength of the Eliminating Kickbacks in Recovery Act

Since its enactment in 2018, the Eliminating Kickbacks in Recovery Act (EKRA) has rapidly gained momentum as a powerful tool against healthcare kickbacks. By 2020, the US Department of Justice (DOJ) had already secured its first… more
 /  Health

OIG’s Advisory Opinion No. 25-08: Negative Opinion Highlights Potential Broad Reach of AKS

In a relatively rare move, the US Department of Health and Human Services Office of Inspector General (OIG) recently issued an unfavorable Advisory Opinion (No. 25-08) (Opinion) reinforcing the agency’s expansive view of the… more
 /  Administrative Law, Health

Mass. USAO Focuses on Healthcare Fraud in Private Equity Investments, Broker Arrangements at Annual Conference

On May 8, 2025, the Boston Bar Association hosted its annual White Collar Crime Conference, a reoccurring theme of which was the recognition of changing times, while also maintaining that the core principles of criminal and… more
 /  Administrative Law, Criminal Law, Health

Courts Diverge in Challenges to CMS's Minimum Staffing Requirements for LTC Facilities

On May 10, 2024, the Centers for Medicare and Medicaid Services (CMS) published its Final Rule to implement minimum staffing standards for long-term care (LTC) facilities in the United States. However, as discussed in our prior… more
 /  Administrative Law, Health

HHS OIG Sets Out Limited Guardrails for Patient Assistance Arrangements

In honor of Rare Disease Day on February 28, 2025, Morgan Lewis is publishing a series of posts on As Prescribed and Health Law Scan throughout the month of February on issues impacting the rare disease community… more
 /  Administrative Law, Health

Affordable Care Act Section 1557 New Language Accessibility Requirements

Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain healthcare activities. Among other requirements, all healthcare providers… more
 /  Civil Rights, Health

Trump Executive Order Signals Drug Pricing Reforms Likely on the Horizon

Through the issuance of Inauguration Day executive orders, the Trump Administration signaled its apparent intent to tackle drug pricing reforms over the next four years. However, Biden-era policies are likely to limit a… more
 /  Health

2024 Year-End Recap of California Consumer Privacy Act Activity

First passed into law in 2018, the California Consumer Privacy Act (CCPA) received its first major update in 2020 by way of the California Privacy Rights Act (CPRA), through which the California Privacy Protection Agency (CPPA)… more
 /  Consumer Protection, Privacy

Falling Stars Ratings in Medicare Advantage Lead to Meteoric Payment Losses

The enormous impact of Medicare Stars Ratings on payments received by Medicare Advantage plans cannot be overstated. And with billions of dollars in bonus payments at stake, it may come as no surprise that stringent standards… more
 /  Health

CMS Announces Updated List of Drugs Under the Inflation Rebate Program

Bipartisan efforts to lower prescription drug costs remains a core focus for the US Congress. Effective October 1, 2024, the Centers for Medicare and Medicaid Services (CMS) has announced the follow-on cohort for its coinsurance… more
 /  Health
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