News & Analysis as of

Dept. of Health and Human Services

The United States Department of Health and Human Services is a federal executive department established in 1953, as part of the Department of Health, Education and Welfare. The Agency became independent in 1980... more +
The United States Department of Health and Human Services is a federal executive department established in 1953, as part of the Department of Health, Education and Welfare. The Agency became independent in 1980 and was renamed The Department of Health and Human Services at that time. HHS is charged with protecting and improving the health of the American population, as well as providing essential services.    less -

OIG Work Plan – October 2017 Update

by Baker Ober Health Law on

The OIG added five new items to its Work Plan with its October 2017 monthly update. This is a decrease from the nine new items added to the Work Plan with the September 2017 update. (For more information on last month's Work...more

The Opioid Crisis: Declaring a National Emergency and the Effect on Remote Prescribing through Telemedicine

by McDermott Will & Emery on

On July 31, 2017, President Donald Trump’s Commission on Combating Drug Addiction and the Opioid Crisis recommended that he declare the opioid epidemic a national emergency. In August 2017 and again on October 16, 2017, the...more

Is the New Moral Exemption From ACA Contraceptive Coverage a Game Changer?

Any privately held, for-profit company could potentially be exempt from the Affordable Care Act’s (ACA) requirement to provide comprehensive contraceptive coverage without cost-sharing based on the company’s “sincerely held...more

H.R. 3985 Calls For Public-Private Working Group to Study Medical Device Security

by Kelley Drye & Warren LLP on

The “Internet of Medical Things Resiliency Partnership Act of 2017” was introduced in the House of Representative earlier this month. Co-sponsored by Rep. David Trott (R-MI) and Rep. Susan Brooks (R-IN), the bill would...more

2017 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare

by Snell & Wilmer on

As 2017 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we are presenting our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 will cover...more

More ACA: President Trump’s Termination Of Cost-Sharing Reduction Payments

Late Thursday evening after President Trump issued an Executive Order earlier in the day directing various administrative agencies to take suggested actions for the hope of reducing the cost of health insurance, discussed...more

Blog: With Congress Stuck, Administration Starts Process Of Unwinding ACA

by Cooley LLP on

Last week, the Administration took two actions aimed at rattling the foundations of the Affordable Care Act (ACA). The President signed an Executive Order (EO) directing federal agencies to relax restrictions on insurance...more

Blog: OIG Releases October Work Plan Items; Includes Opioid REMS and Specialty Drug Coverage and Medicare Reimbursement

by Cooley LLP on

As we recently announced, the Office of Inspector General (OIG) is updating its Work Plan monthly rather than its previous twice-yearly publications. The October updates include 5 new Work Plan items...more

White House Expands Exemptions to ACA Contraceptive Mandate

by Robinson & Cole LLP on

The Department of Health and Human Services (HHS) issued interim final rules on October 6, 2017, expanding exemptions to protect religious beliefs and moral convictions for certain entities and individuals whose health plans...more

ACA’s Nondiscrimination Taglines and Notices Require Updating Your Notice of Privacy Practices

by Davis Wright Tremaine LLP on

There has been confusion as to whether the Affordable Care Act’s nondiscrimination provision (“ACA”) affects a covered entity’s notice of privacy practices (“NPP”) or data breach notifications. OCR has issued guidance...more

Capitol Hill Healthcare Update

by BakerHostetler on

President Trump’s announcement Friday that he would stop cost-sharing payments to insurance companies triggered a firestorm on Capitol Hill, with lawmakers in both parties calling on Congress to restore the funding...more

U.S. watchdogs tally $1.5 billion cost for one type of defective medical device

Big medical device makers, like Big Pharma, have complained Big medical device makers, like Big Pharma, have complained relentlessly that Uncle Sam hamstrings them with red tape and bureaucracy that slows or prevents...more

Window on Washington - This Week in the Nation's Capital - Vol. 1, Issue 30

by Clark Hill PLC on

House Passes Bill on Disaster Funding: House Republicans easily passed a supplemental spending bill that included $36.5 billion of disaster aid with a vote of 353-69 after some initial worries on Thursday afternoon that it...more

President Trump Issues Far-Reaching Changes to the Affordable Care Act

by Baker Donelson on

On October 12, the Trump Administration announced that it would immediately terminate payments for Cost-Sharing Reductions (CSRs), which subsidize health coverage for low-income enrollees in the Affordable Care Act's (ACA)...more

OIG Finds Continued Procedural Errors in Hospital Outlier Payment Reconciliations

by Baker Ober Health Law on

The U.S. Department of Health and Human Services, Office of Inspector General (OIG) recently released a report concluding that there are vulnerabilities in the process of reconciling Medicare hospital outlier payments....more

Can The President Nullify The Affordable Care Act By Issuing Executive Orders?

President Trump issued an Executive Order yesterday which purports to suggest three avenues for offering health insurance at a decreased cost to small employers and consumers for the overall goal of reducing healthcare costs...more

Exemption To ACA Contraceptive Mandate Extended To For-Profit Entities And Individuals

by Jackson Lewis P.C. on

Under the ACA, employers must provide plans that cover birth control and other preventative health services with no out-of-pocket costs. Certain religious employers with religious objections to providing contraceptive...more

President Trump Signs Executive Order On Health Care; HHS Announces CSR Payments To Be Discontinued Immediately

by Fraser Trebilcock on

Yesterday, October 12, 2017, President Trump issued an Executive Order entitled “Promoting Healthcare Choice and Competition Across the United States” (the “Order”). Also on October 12, 2017, the Department of Health and...more

HHS Secretary Tom Price Resigns and the Search Begins for Replacement

by Baker Donelson on

Department of Health and Human Services (HHS) Secretary Tom Price resigned on September 29, following the collapse of Republicans' efforts to repeal-and-replace the Affordable Care Act (ACA) and revelations that he spent more...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections Democrat Sharon Fairley Declares Run for Illinois Attorney General- Democrat Sharon Fairley, former chief administrator of Chicago’s Civilian Office of Police Accountability, announced her candidacy in the...more

Contraceptive Coverage Mandate Exemptions Expanded Under Interim Final Rules

by Benesch on

Last week the Department of Treasury, U.S. Department of Labor, Department of Health and Human Services (Departments) published rules exempting employers from the contraceptive coverage mandate created under the Affordable...more

Manatt on Health: October 2017

Massachusetts Waiver Amendment Requests Partial Expansion and Closed Formulary - On September 8, 2017, Massachusetts submitted a waiver amendment request to the Centers for Medicare & Medicaid Services (CMS) to modify its...more

Update: Now it’s Wright out, Hargan in at HHS

by Reed Smith on

President Trump has named Eric Hargan to serve as Acting HHS Secretary, replacing Don Wright (who was just named to the post on September 29, 2017). The HHS Secretary vacancy was created when Tom Price, MD resigned the post...more

Federal Court Rules that Section 1557 of Affordable Care Act Prohibits Gender-identity Discrimination in Healthcare

by Arnall Golden Gregory LLP on

In a momentous decision that will certainly garner national attention and be subject to appeal, a district court for the Southern District of California has ruled that Section 1557 of the Affordable Care Act prohibits...more

Price Out, Wright In at HHS (for Now)

by Reed Smith on

In the wake of the resignation of former Secretary Tom Price, MD over concerns about his travel expenses, President Trump has named Don Wright, MD, MPH, as Acting Secretary of the Department of Health and Human Services...more

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