News & Analysis as of

Clinical Laboratory Testing Department of Health and Human Services (HHS) Coronavirus/COVID-19

Jones Day

Industry Anticipates Impending FDA Proposed Regulation Addressing Laboratory Developed Tests

Jones Day on

Stakeholders prepare for the U.S. Food and Drug Administration's ("FDA") rulemaking effort to "make explicit" that laboratory developed tests ("LDTs") are devices subject to the agency's oversight, reigniting outstanding...more

Robinson+Cole Health Law Diagnosis

HHS Again Requires FDA Premarket Review for COVID-19 Tests

On Monday, November 15, 2021, the Food and Drug Administration (FDA) announced that the U.S. Department of Health and Human Services (HHS) repealed a policy established by the Trump administration that directed the FDA not to...more

Oberheiden P.C.

Compliance Concerns for Respiratory and Clinical Labs Performing COVID-19 Testing

Oberheiden P.C. on

The tragedy of the COVID-19 pandemic is something we all agree we wish we could have avoided. However, the fact of the matter is that many respiratory and clinical labs have seen a boon to their bottom line due to the...more

Mintz - Health Care Viewpoints

An Update on FDA’s Contribution to COVID-19 Diagnostic Testing

Back in the early days of the COVID-19 pandemic, we published a post outlining the different kinds of diagnostic tests that were being marketed and the different roles of the two main federal regulators that oversee the...more

Bass, Berry & Sims PLC

Reimbursement and Liability Implications of Not Pursuing an Emergency Use Authorization for COVID-19 Laboratory-Developed Tests

In an unprecedented move touted as necessary to address the COVID-19 testing shortage, the U.S. Department of Health and Human Services (HHS) made a brief statement on August 19 that effectively rescinded the federal Food and...more

Foley & Lardner LLP

COVID-19: Ten Things to Know about Laboratory Testing

Foley & Lardner LLP on

Laboratory testing is a key factor in identifying or diagnosing COVID-19 patients, including during the asymptomatic phase, and determining appropriate treatment. With respect to COVID-19, laboratory testing is also critical...more

Morgan Lewis

Staying Within the Legal Lane: Providing Products and Services for COVID-19

Morgan Lewis on

Companies marketing products or services for coronavirus (COVID-19) should be aware of key areas of healthcare law and regulation, including Food and Drug Administration regulation, clinical laboratory testing oversight,...more

McDermott Will & Emery

Agencies Issue Helpful FAQs on COVID-19 Testing Coverage

McDermott Will & Emery on

On June 23, 2020, the US Departments of Labor, Health and Human Services, and Treasury issued tri-agency FAQs (Part 43) that clarify important health and welfare provisions under the Families First Coronavirus Response Act...more

King & Spalding

HHS Announces New COVID-19 Testing Laboratory Data Reporting Guidance

King & Spalding on

On June 4, 2020, HHS released new guidance detailing what additional data laboratories must report to HHS along with COVID-19 test results. HHS explained that the new guidance standardizes reporting requirements in an effort...more

Husch Blackwell LLP

CMS Doubles Payment For Diagnostic Lab COVID-19 Testing

Husch Blackwell LLP on

On April 14, 2020, CMS released a ruling that will increase the reimbursement for tests conducted to detect SARS–CoV–2 (the diagnosis of the virus that causes COVID–19) for tests utilizing “high throughput technologies.”...more

Bricker Graydon LLP

COVID-19 Update: DOL, HHS and Treasury issue FAQs for group health plans and insurers on COVID-19 testing and provider visits

Bricker Graydon LLP on

On April 11, 2020, the Departments of Labor (DOL), Health and Human Services (HHS) and the Treasury issued frequently asked questions (FAQs) regarding implementation of the Families First Coronavirus Response Act (FFCRA), the...more

Foley & Lardner LLP

COVID-19: Telehealth Takeaways from the CARES Act

Foley & Lardner LLP on

On March 27th, Congress passed and the President signed the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act). On both the federal and state levels we have seen efforts to support social distancing in the...more

Foley & Lardner LLP

CARES Act - New Group Health Plan Rules and Relief

Foley & Lardner LLP on

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which was signed by the President on March 27, 2020, includes several provisions affecting group health plans, as discussed below. Health Plan Rules and...more

Rivkin Radler LLP

CARES Act: Diagnostic Testing and Laboratory-Related Provisions

Rivkin Radler LLP on

Several of the provisions in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed by the Senate on March 25 relate to laboratory diagnostic testing for the COVID-19 virus....more

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