In the face of an aging global population, real estate trends in the senior housing sector have been evolving rapidly. Communities around the world are witnessing a notable increase in their older populations, a trend expected to persist in the upcoming years. With an understanding of this demographic shift, municipalities have initiated strategic planning to…
The COVID-19 pandemic has accelerated the trend of physician employment with hospitals, leading to around 70 percent of physicians currently being employed by hospitals or hospital-affiliated foundations or groups, according to a recent report by JDSupra. While physician integration has boosted quality of care and clinical efficiency, the growing employment relationship between physicians and hospitals…
As of July 1, 2023, a newly enacted Florida law has significantly reshaped the landscape for health care providers in the state concerning the storage of electronic health records. The Florida legislature enacted Senate Bill 264 (SB 264) on May 8, 2023, which introduces new restrictions on how licensed health care providers can store their…
There’s a popular belief that parenting duties end when a child turns 18. Legally, a parent’s abilities to make medical and financial decisions for their progeny end at this pivotal point, granted their child has not specifically provided written consent to allow otherwise. This impediment extends to limiting parents’ legal access to their children’s educational,…
The Centers for Medicare and Medicaid Services (CMS) has recently disclosed the names of the top ten drugs that account for the largest portion of Medicare spending. The announcement was made publically on August 29, as the initial element in the new Medicare drug price negotiation system according to the provisions of the Inflation Reduction…
As the time for Medicare’s open enrollment draws near, legal professionals are prompted to reassess coverage options, particularly in the often-overlooked field of long term rehabilitation coverage. Understanding the complexities and full scope of Medicare coverage is essential in making informed decisions for the upcoming enrollment period. Recent legal analysis from Warner Norcross + Judd…
John Coogan, a seasoned professional with expertise in areas including M&A, securities, private equity, corporate governance, and health and pharmacy law, has transitioned from Ballard Spahr to become a partner at FisherBroyles, as announced by the firm last Thursday. Coogan’s wide-ranging legal experience makes him a valuable asset to FisherBroyles. His impressive career spans across…
In a new development, the Centers for Medicare & Medicaid Services (CMS) announced this morning a selection of prescribed drugs that will be subject to price negotiation. This declaration signifies the first instance the agency has revealed such a list. The move comes as part of the Inflation Reduction Act’s Medicare Drug Price Negotiation program….
As of September 1, the Department of Health and Human Services Office of Inspector General (HHS-OIG) began enforcing information blocking penalties against certain health care information technology (IT) actors. These regulatory actions follow the publication of the final rule by the HHS-OIG on June 27. According to the announcement via JD Supra, stringent penalties are…
On August 15, 2023, the U.S. Court of Appeals for the Tenth Circuit spoke on a significant development concerning Patient’s Right to Pharmacy Choice Act Title 36 § 6958 et seq of 2019 from Oklahoma. The verdict was laid out in Pharmaceutical Care Management Association v. Glen Mulready, where the official capacity of Glen Mulready…
The National Institutes of Health (NIH) is spearheading efforts in precision medicine research, building upon their commitment to advance understanding and treatment of diseases through personalized therapies. Central to these efforts are the intricacies of somatic mosaicisms, post-conception changes to cellular DNA that result in genetic variance among cells within an organism. A nuanced understanding…
In a series of legal developments, a Texas Federal court issued the fourth ruling that nullified parts of the Administration’s No Surprises Act Regulations. The most recent session of this ongoing legal case took place on August 24, 2023, at the U.S. District Court for the Eastern District of Texas. The case is Texas Medical…
In new research published by the journal Current Problems in Diagnostic Radiology, a team from the Harvey L. Neiman Health Policy Institute has investigated the increasing interpretation of diagnostic imaging studies by non-physician practitioners (NPPs), including nurse practitioners (NPs) and physician assistants (PAs). Their research builds upon previous work, striving to understand the extent of…
The rise of Artificial Intelligence (AI) has been a topic of increasing concern in both the legal and wider corporate world. While many anticipate AI’s potential to streamline operations and provide innovative solutions, there is a concurrent fear that AI might have a significant impact on certain industry roles and job positions. AI’s transformational potential,…
The Centers for Medicare and Medicaid Services (CMS) unveiled on August 24 that the Medicare Shared Savings Program (MSSP) yielded the second-highest annual savings for Medicare since the program’s inception in 2012, according to the 2022 MSSP Report. This year marked the sixth year in a row that the MSSP delivered net savings along with…
The US Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently concluded that certain intraoperative neuromonitoring (IONM) services arrangements are capable of generating prohibited remuneration under federal laws. The findings were part of OIG’s release of Advisory Opinion No. 23-05. This evaluation, which took a deep dive into the formation and…
Divorce is never easy, but when children are involved, the complexity can escalate. Parents must not only manage their own emotional turmoil, they must also juggle the welfare and feelings of their children. Here are four crucial aspects to consider when finalising a parenting plan as part of your divorce proceedings. Before we delve into…
As the healthcare industry continues its wave of consolidations and changes brought about by the economic implications of the COVID-19 pandemic, legal considerations around the disclosure of Protected Health Information (PHI) come to the forefront. Specifically, the circumstances and legalities surrounding the disclosure of PHI upon the sale of a medical practice raise numerous challenges….
With an increasing number of companies turning to artificial intelligence (AI) to bolster competitiveness and profitability, the National Institute of Standards and Technology’s (NIST) AI Risk Management Framework can serve as an instrumental tool for understanding, managing and mitigating AI risk effectively. This framework, despite being created primarily for federal authorities, is being utilized by…
The Department of Health Care Services (DHCS) in California has announced that it is in the final stages of establishing fresh Medical Loss Ratio (MLR) requirements for Medi-Cal Managed Care. This noteworthy development was first reported by Nossaman LLP. Of particular interest, the forthcoming guidelines extend the application of the MLR program—previously limited to Medi-Cal…
In July 2023, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services Office of Civil Rights (OCR) raised concerns regarding privacy and security risks that are associated with certain online tracking technologies. These agencies issued a joint letter addressed to around 130 hospital systems and telehealth providers, thus potentially attracting…
Healthcare providers are familiar with the tithe of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) when it comes to managing and protecting patients’ health information. According to an article on JDSupra , however, there is a myriad of other legal directions that healthcare professionals need to be aware of beyond those stipulated…
The Centers for Medicare & Medicaid Services (CMS) has put forth a proposed rule that signals an expansion in existing legislation pertaining to healthcare providers. In a policy brief made public on July 10, 2023, the CMS outlined plans to revise the Medicare Provider Enrollment requirements. This proposition would see the current Home Health Agency…
On August 27, 2023, Hospital Sisters Health System (HSHS) and Prevea Health, reported a “temporary system outage”, as per a bulletin on Prevea Health’s website. This occurrence has incited fears of a possible data breach. While the extent of the event is not yet clearly defined, it has prompted serious legal and operational concerns. HSHS,…
The Centers for Medicare and Medicaid Services (CMS) has announced a new proposal that has significant implications for the pharmaceutical industry. In an effort to alleviate some of the financial burden for Medicare patients prescribed high-cost drugs, CMS has revealed its intention to allow drug costs to be paid on an installment plan. This key…