The end of summer is quickly approaching. This year Labor Day does not just signify kids are headed back to, or in many cases, already back in, school. It also means that healthcare facilities in Texas (hospitals, nursing...more
The California Office of Health Care Affordability and the California Attorney General both require entities to provide notification about certain healthcare transactions. We provide details about both sets of requirements...more
Part II of our New Jersey Regulatory Update further identifies proposed and adopted regulations that may impact healthcare providers, from additional financial transparency rules impacting facilities to rules attempting to...more
The New York Department of Health (DOH) recently announced it is accepting applications for the Statewide Health Care Facility Transformation Program IV. The grants will distribute $250 million to support capital projects and...more
On June 22, 2023, New York State Public Health Law § 2802-b, added a Health Equity Impact Assessment (HEIA) to the Certificate of Need (CON) process for certain health care facilities. The new requirement comes as part of...more
The New York State Department of Health has published a webpage regarding Public Health Law (PHL) Article 45-A. In our prior post, we discussed how PHL Article 45-A requires health care entities involved in material...more
New York recently joined a growing number of states enacting legislation that increases oversight of certain healthcare transactions. Article 45-A of the 2024 Executive Budget is titled "Disclosure of Material Transactions"...more
On May 3, 2023, New York Governor Kathy Hochul signed into law an amendment (the “Amendment”) to the New York Public Health Law, effective on or about August 1, 2023, that will require certain Healthcare Entities to provide...more
On May 3, 2022, the New York Legislature passed legislation to regulate certain “material transactions” involving healthcare providers and others who provide administrative or management services to other healthcare...more
In a prior blog post, we summarized proposed legislation that would have conferred upon the New York State Department of Health (DOH) the authority to review and approve "material transactions" involving a "health care...more
On April 25, the New York State Department of Health (DOH) issued a Dear Adult Care Facility Administrator Letter (DACF #23-15) after it came to the DOH’s attention that some ACF operators have interpreted recent regulatory...more
New York Gov. Kathy Hochul’s Executive Budget Proposal for FY 2023-2024 includes a proposal to require Department of Health (DOH) approval of certain mergers, acquisitions, and other significant transactions involving medical...more
Recently, the Health Law Observer highlighted both implemented and proposed changes in requirements applicable to certain health care transactions in New Jersey and New York, respectively. Given the impact in both...more
While the Pennsylvania Department of Health (“DOH”) regulations governing long-term care (“LTC”) facilities have historically set forth the process for the closure of an LTC facility (see 28 PA Code 201.23), the regulations...more
The recently released New York State Executive Budget for 2024 includes proposed legislation that would significantly expand the state's regulatory authority over healthcare transactions. The bill introduces Article 45-A...more
On January 17, 2023, a New York trial court judge struck down the state’s vaccine mandate for healthcare workers, ruling that the New York State Department of Health (DOH) acted outside its authority and noting that “the...more
The New York Department of Health (“Department”) has circulated a revised Advisory on return-to-work protocols for healthcare personnel after infection or exposure to COVID-19. Once published, the new protocols, dated...more
The Ohio Department of Health (ODH) is required to set minimum standards for certain health care services (HCS), specifically blood and bone marrow transplantation, solid organ transplantation, adult cardiac...more
On January 31, 2022, the Oregon Health Authority (OHA) published permanent rules relating to COVID-19 vaccination and masking requirements in healthcare settings, just a few days after issuing similar rules for K-12 schools....more
Recently, the New York State Legislature passed bills (pending Governor Cuomo’s signature) mandating that hospitals and nursing homes establish and maintain clinical staffing levels in their facilities. For hospitals, a...more
Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more
As many California companies work diligently to comply with the recently issued COVID-19 Emergency Temporary Standards (ETS), the California Division of Occupational Safety and Health (Cal/OSHA) continues to provide...more
The Ohio Department of Health (ODH) has prepared draft amendments to Ohio’s Certificate of Need (CON) rules. A number of these draft rule amendments address changes to the CON laws that were made in Ohio’s general operating...more
In its November 2019 RSCR Inland, Inc. v. State Department of Public Health decision, the court held that a licensed health “facility may succeed in dismissing a citation by demonstrating the it did what might reasonably be...more
The Texas Department of State Health Services recently issued a final rule implementing updated methods for the disposal of special waste from health care facilities, which includes fetal tissue. As such, the new rule would...more