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Policy Statement Health Care Providers

Nelson Mullins Riley & Scarborough LLP

The Other Shoe Drops: What the FTC’s Withdrawal of Long-Standing Antitrust Guidance in the Healthcare Industry and the Demise of...

With minimal fanfare on a quiet summer Friday afternoon, the Federal Trade Commission (FTC) did what many have been expecting it to do for several months: it officially withdrew from two healthcare antitrust enforcement...more

K&L Gates LLP

FTC Joins DOJ in Withdrawing from Long-Standing Health Care Antitrust Policy Statements

K&L Gates LLP on

On 14 July 2023, the Federal Trade Commission (FTC) joined the Department of Justice Antitrust Division (DOJ) in withdrawing from three long-standing antitrust policy statements related to enforcement in the health care...more

WilmerHale

FTC Brings Second Enforcement Action Against Healthcare Company for Violating the Health Breach Notification Rule

WilmerHale on

On May 17, 2023, the Federal Trade Commission (the “FTC”) reached a settlement with Easy Healthcare Corporation (“Easy Healthcare”), for its fertility-tracking app, Premom. The agency alleged that Easy Healthcare failed to...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

Goodwin on

Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more

Williams Mullen

DOJ Withdraws Antitrust Guidance on Information Exchanges

Williams Mullen on

The DOJ Antitrust Division recently announced that it was withdrawing decades-old guidance regarding how the Division would view information exchanges under the antitrust laws....more

Orrick, Herrington & Sutcliffe LLP

Antitrust Enforcement in Health Care: Increased Scrutiny Likely After DOJ Withdraws Policy Statements

The Department of Justice (DOJ) recently withdrew three longstanding health care focused antitrust enforcement policy statements that had provided certain “safety zones” for mergers, joint ventures, group purchasing, and...more

McDermott Will & Emery

DOJ Signals Heightened Scrutiny on Information Exchanges and Competitor Collaborations

McDermott Will & Emery on

On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on...more

Lathrop GPM

A New Vacuum in Antitrust? DOJ Withdraws Longstanding Health Care Enforcement Statements

Lathrop GPM on

With little warning the Antitrust Division of the U.S. Department of Justice announced on February 3 the withdrawal of three critical pieces of guidance for the health care industry...more

WilmerHale

To Share or Not to Share: DOJ Withdraws Information Sharing Guidance

WilmerHale on

The Department of Justice (DOJ) Antitrust Division recently withdrew three sets of policy statements regarding the US antitrust agencies’ enforcement approach to conduct in the healthcare industry that may have broader...more

Morgan Lewis

DOJ’s Rescission of Longstanding Guidance Creates Uncertainty for Market Benchmarking Activities

Morgan Lewis on

The US Department of Justice (DOJ) Antitrust Division is withdrawing three enforcement policy statements that provided important guidance on the exchange of competitively sensitive information through third parties. The...more

Holland & Knight LLP

Another One Bites the Dust: DOJ Pulls 3 Policy Statements, Leaving Trade Associations Guessing

Holland & Knight LLP on

During the course of the Biden Administration, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have demonstrated an invigorated and sustained policy interest in increasing competition across various...more

Stinson LLP

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

Stinson LLP on

On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and...more

Nelson Mullins Riley & Scarborough LLP

HHS Issues Reminder about EMTALA Obligations to Pregnant Women Post-Dobbs

The Secretary of the Department of Health and Human Services (“Secretary”) issued a letter to healthcare providers ("Letter") and associated guidance on July 11, 2022, reminding applicable providers of their EMTALA...more

Morgan Lewis - Tech & Sourcing

FTC Policy Statement on Health Breach Notification Rule: A Conversation with Reece Hirsch

As we start 2022, as part of our Spotlight series, we connect with Reece Hirsch, the co-head of Morgan Lewis’s privacy and cybersecurity practice, to discuss the recent policy statement issued by the US Federal Trade...more

K&L Gates LLP

Health Care Triage: FTC Reminds Vendors of Personal Health Records of Breach Rule Obligations

K&L Gates LLP on

In this episode, Rebecca Schaefer interviews Gina Bertolini and Desiree Moore about the recent Federal Trade Commission (FTC) policy statement regarding the FTC Health Breach Notification Rule and its applicability to vendors...more

Hogan Lovells

FTC reinforces breach notification duties for health apps and connected health and wellness devices

Hogan Lovells on

A new Policy Statement from the US Federal Trade Commission places companies that offer consumer-facing health apps and connected health and wellness devices on notice that they may be covered by a Health Breach Notification...more

Polsinelli

California Mandates Vaccinations or Testing for Health Care Employees and State Workers

Polsinelli on

On July 26, 2021, California Governor Gavin Newsom announced that California state workers, workers in health care, and workers in high-risk congregate setting will be required to provide proof of Covid-19 vaccination or...more

Butler Snow LLP

Stark Law and Anti-Kickback Statute Waivers Prove to be Useful Measures During the COVID-19 Pandemic … But, Will They Last?

Butler Snow LLP on

The novel Coronavirus (“COVID-19”) pandemic has brought about unprecedented applications of certain federal healthcare laws and regulations, including the federal physician self-referral law (the “Stark Law”) and the federal...more

Health Care Compliance Association (HCCA)

Compliance Perspectives: Changes to the Physician Self-Referral and Anti-Kickback Rules

As healthcare moves increasingly from fee-for-service model to one focused on outcomes and value-based payments, the traditional fraud and abuse laws, such as the Anti-Kickback Statute and the Stark Law, pose obstacles to...more

Ruder Ware

Waiver Amounts Owed For Telehealth Services During The 2019 Novel Coronavirus (COVID-19) Outbreak

Ruder Ware on

The Health and Human Services (HHS) Office of Inspector General (OIG) issued a Policy Statement on March 17, 2020 regarding the waiver of amounts owed by beneficiaries for services provided by telehealth. Recognizing the...more

King & Spalding

OIG Announces Policy Not to Sanction Providers for Waiving Cost Sharing Obligations for Telehealth Services

King & Spalding on

On March 17, 2020, OIG issued a policy statement titled, “Policy Statement Regarding Physicians and Other Practitioners That Reduce or Waive Amounts Owed by Federal Healthcare Program Beneficiaries for Telehealth Services...more

Seyfarth Shaw LLP

OIG Releases Policy Statement Extending HHS Blanket Waiver Protection to Certain Federal Anti-Kickback Statute Violations During...

Seyfarth Shaw LLP on

On April 3, 2020, the Department of Health and Human Services’ Office of Inspector General (“OIG”) issued a policy statement of enforcement discretion (the “Policy Statement”) regarding sanctions under the Federal...more

Robinson+Cole Health Law Diagnosis

OIG Issues FAQs on its Policy for Waiver of Patient Cost Sharing Obligations for Telehealth During COVID-19 Public Health...

On March 25, 2020, the Office of Inspector General, Health and Human Services (OIG) issued two frequently asked questions (FAQs), clarifying its March 17th Policy Statement Regarding Physicians and Other Practitioners That...more

Bass, Berry & Sims PLC

Waiver of Patient Cost-Sharing Obligations for Telehealth Services During COVID-19 Pandemic

Bass, Berry & Sims PLC on

On March 17, 2020, the Department of Health and Human Services’ (HHS) Office of Inspector General (OIG) issued a Policy Statement addressing the ability of physicians and other practitioners to reduce or waive patient...more

Robinson+Cole Health Law Diagnosis

AdvaMed Revises Code of Ethics on Interactions with Health Care Professionals

The Advanced Medical Technology Association (AdvaMed) has revised its U.S. Code of Ethics for Interactions with Health Care Professionals, with updates that take effect January 1, 2020. Until then, the current AdvaMed Code...more

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