News & Analysis as of

21st Century Cures Act

Morgan Lewis - As Prescribed

New Year, New Guidance: FDA Revisits Wellness and CDS Boundaries

The FDA released updates to two guidance documents on January 6: General Wellness: Policy for Low Risk Devices (General Wellness) and Clinical Decision Support Software (CDS). FDA did not issue a traditional press release;...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - March 23rd - 26th, Nashville, TN

HCCA's Healthcare Privacy Compliance Academy is a three-and-a-half-day interactive education program with a focus on the vast body of privacy laws and regulations in place to help you protect PHI and other critical data. Our...more

Katten Muchin Rosenman LLP

FDA Clinical Decision Support Software Guidance Refresh : Clearer Rules, Broader Innovation

On January 6, 2026, the FDA issued a Guidance for Industry and Food and Drug Administration Staff regarding Clinical Decision Support (CDS) software. The January 2026 guidance supersedes the previous, and less detailed,...more

Cooley LLP

FDA Opens Aperture for Wearables in Latest General Wellness Guidance

Cooley LLP on

On January 6, 2026, the US Food and Drug Administration (FDA) issued two revised guidance documents relating to general wellness products (General Wellness Guidance) and clinical decision support software (CDS Software...more

Cooley LLP

Automation Bias and Clinical Practice: FDA Makes Incremental Updates to Clinical Decision Support Software Guidance

Cooley LLP on

On January 6, 2026, the US Food and Drug Administration (FDA) revised its final guidance on Clinical Decision Support Software (2026 CDS Software Guidance)....more

DLA Piper

FDA Updates Its Clinical Decision Support And General Wellness Guidances: Key points

DLA Piper on

The United States Food and Drug Administration (FDA) issued revisions this month to its guidance documents "Clinical Decision Support Software" (CDS Guidance) and "General Wellness: Policy for Low Risk Devices" (General...more

McDermott Will & Schulte

ASTP’s HTI-5 relaxes certification criteria while tightening information blocking exceptions

On December 29, 2025, the US Department of Health and Human Services (HHS) Assistant Secretary for Technology Policy/Office of the National Coordinator for Health Information Technology (ASTP) published the Health Data,...more

Akin Gump Strauss Hauer & Feld LLP

FDA Issues Key Guidance Updates for Digital Health and Wellness

On January 6, the Food and Drug Administration (FDA) updated its guidance documents on Clinical Decision Support (CDS) software and general wellness products, and withdrew its guidance on the adoption of international...more

Rivkin Radler LLP

Electronic Visit Verification (EVV): The New Frontier in Home Health Fraud Enforcement

Rivkin Radler LLP on

The 21st Century Cures Act (“Cures Act”) required states to adopt electronic visit verification (EVV) systems for Medicaid-covered personal care services (“PCS”) by January 1, 2020 and for home health care services (“HHCS”)...more

Arnall Golden Gregory LLP

Let It Grow: FDA Revises Q&A Guidance to Support Sponsors With the Implementation of Expanded Access Programs

“Let it grow, let it blossom,” said Eric Clapton, and so the Food and Drug Administration expects of expanded access programs with the issuance of its guidance on “Expanded Access to Investigational Drugs for Treatment Use:...more

Akin Gump Strauss Hauer & Feld LLP

FDA Presses Forward on Patient-Focused Drug Development, Releases Final Guidance Focused on Fit-For-Purpose Clinical Outcome...

On October 23, 2025, FDA released its final guidance regarding Patient-Focused Drug Development: Selecting, Developing, or Modifying Fit-for-Purpose Clinical Outcome Assessments. The guidance is the third guidance in a...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - December 8th - 11th, Anaheim, CA

Ideal for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy offers practitioners a deeper understanding of effective compliance management in a healthcare setting. The...more

Akerman LLP - Health Law Rx

HHS Announces Increased Efforts to Curb Information Blocking Practices

In a September 3 Press Release, the U.S. Department of Health and Human Services (HHS) announced that it is increasing efforts to curb information blocking. This was quickly followed by a September 4 Enforcement Alert issued...more

ArentFox Schiff

HHS Signals Heightened Information Blocking Enforcement

ArentFox Schiff on

Federal enforcement of information blocking rules has entered a new era. On September 3, the US Department of Health and Human Services (HHS) issued a press release announcing a “crackdown” on the “harmful practice” of...more

DLA Piper

HHS Steps Up Enforcement on Health Information Blocking

DLA Piper on

The US Department of Health and Human Services (HHS) announced, on September 3, 2025, a major enforcement initiative targeting “information blocking” – the practice of restricting access, exchange, or use of electronic health...more

Wilson Sonsini Goodrich & Rosati

HHS Announces Increased Resources to Enforce Information Blocking Prohibition

On September 3, 2025, the U.S. Department of Health and Human Services (HHS) announced that HHS would increase resources to enforce the information blocking prohibition under the 21st Century Cures Act. Generally, the...more

Gardner Law

Whoop vs. FDA

Gardner Law on

In FDA regulatory matters, companies must carefully choose when to challenge the government, and when to comply. In a recent case, Whoop, the Boston-based wearable maker, has chosen to openly challenge the U.S. Food and Drug...more

McDermott Will & Schulte

HHS announces information blocking enforcement “crackdown”

The US Department of Health and Human Services (HHS) announced its intent to begin actively enforcing the information blocking regulations adopted under the 21st Century Cures Act, in a press release on September 3, 2025, and...more

Sheppard Mullin Richter & Hampton LLP

White House Announces Nation Health Data Tracking System of Personal Health Data

The White House announced it is launching a health data tracking system early next year that involves an unprecedented partnership between the federal government, providers, payors, and private sector technology companies....more

Orrick, Herrington & Sutcliffe LLP

Will FDA’s Warning Letter to WHOOP Put a Chill on Wearables?

FDA’s Warning Letter to WHOOP, a manufacturer of cutting-edge, wellness wearable tech, has sent shivers through an industry enjoying exponential growth in the health and wellness space. “Wellness technology”, a result of the...more

McDermott Will & Schulte

PointClickCare Denied En Banc Hearing to Overturn PI

On April 23, 2025, the US Court of Appeals for the Fourth Circuit denied PointClickCare Technologies, Inc.’s petition for en banc review in Real Time Medical Systems, LLC v. PointClickCare. A Fourth Circuit panel previously...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - June 9th - 12th, Pittsburgh, PA

HCCA's Healthcare Privacy Compliance Academy is a three-and-a-half-day interactive education program with a focus on the vast body of privacy laws and regulations in place to help you protect PHI and other critical data. Our...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - March 24th - 27th, Chicago, IL

HCCA's Healthcare Privacy Compliance Academy is a three-and-a-half-day interactive education program with a focus on the vast body of privacy laws and regulations in place to help you protect PHI and other critical data. Our...more

Snell & Wilmer

Mental Health Parity Compliance: What Steps Should an Employer Take Next?

Snell & Wilmer on

The Mental Health Parity and Addiction Equity Act (“MHPAEA”) and its implementing rules require group health plans to ensure that financial requirements (e.g., co-pays, deductibles, and coinsurance), quantitative treatment...more

Axinn, Veltrop & Harkrider LLP

Who’s Blocking Me? Competition Law Issues With Healthcare Information Blocking

This week on the American Bar Association’s Our Curious Amalgam podcast, co-hosts Jeny Maier, Managing Partner at Axinn, Veltrop & Harkrider, and Matt Tabas, Antitrust & Competition Partner at Arnold & Porter, are joined by...more

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