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Search OptionsHealth CareFTC Issues Rule Banning Non-Compete Agreements
On April 23, 2024, the Federal Trade Commission (FTC) announced its final rule banning virtually all employee non-compete agreements nationwide in approximately 120 days. The FTC initially issued its proposed rule in January 2023. The FTC thereafter received and considered over 26,000 comments to… Indiana Enacts Senate Enrolled Act 9 Requiring Notice of Certain Health Care Transactions
On March 13, 2024, Governor Eric Holcomb signed Senate Enrolled Act 9 (“SEA 9”) into law, requiring advance reporting for certain mergers and acquisitions involving Indiana health care entities. Indiana joins a number of other states with similar reporting requirements, although the drafting of SEA… False Claims Act Jury Verdict Halved as Unconstitutionally Excessive
How much is too much when it comes to damages awards for False Claims Act violations? A district court judge in Minnesota weighed in recently in United States of America ex rel. Fesenmaier v. Cameron-Ehlen Group, Inc. et al., No. 13-cv-3003 (D. Minn.), holding that the jury’s $487 million verdict… Updated CMS Reporting Requirements for Nursing Facilities
On November 17, 2023, the Centers for Medicare & Medicaid Services ("CMS") issued a Final Rule implementing certain requirements in the Affordable Care Act regarding the disclosure of ownership, managerial and other information for Medicare and Medicaid participating nursing facilities. The Final… New HHS Guidance: Safeguarding Patient Rights in Hospital and Long-Term Health Facility Visitation Policies
On January 25, 2024, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) issued new guidance to U.S. hospitals and long-term care facilities regarding their duties under the Centers for Medicare and Medicaid Services (“CMS”) regulations. Specifically, OCR… Federal Court of Appeals Lifts Stay of Indiana’s Prohibition on Gender Transition Services to Minors
The Seventh Circuit Court of Appeals recently issued an order permitting enforcement of Indiana’s recently passed prohibition on gender transition procedures for minors. The Indiana Legislature enacted Indiana Code § 25-1-22 (the “Act”) that was scheduled to become effective July 1, 2023. The Act… Indiana Unlikely to Deliver 340B a Reprieve from 340B Restrictions
As the conflict between 340B over the scope of the 340B drug discount program enters its fourth year, Covered Entities are increasingly turning to state law for relief from restrictions on contract pharmacies because Congress and federal agencies have been unable to make meaningful progress. The… Don’t Forget About the Leap Year - Annual HIPAA Breach Notification Deadline Fast-Approaching
Each year, entities regulated under HIPAA must report breaches affecting less than 500 individuals to the Department of Health and Human Services (“HHS”) within sixty days following the end of each calendar year. This means that the deadline to report to HHS these type of breaches occurring in 2023… CMS's New Federal Prior Authorization Rule: An Eventual Step In the Right Direction
CMS published a final rule, effective January 1, 2026, implementing additional processes to advance interoperability as well as to improve prior authorization processes. The changes to prior authorization will require: (1) Medicare Advantage, Medicaid Fee-for-Service (“FFS”) and Medicaid Managed… Navigating Digital Privacy in Healthcare: Understanding Web Tracking and HIPAA Concerns (Podcast)
In this episode of the Krieg DeVault Podcast… The OIG’s New Unified Compliance Resource Tool: You’ve Been “Voluntold” to Comply
The United States Office of Inspector General (“OIG”) published a unified compliance resource tool on November 6, 2023. While the General Compliance Program Guidance (“GCPG”) does not provide new substantive content, it does provide a single source of information relating to some of the greatest… Lawsuit Challenges HHS Guidance on the Use of Web Tracking Technologies
On November 2, 2023, parties including the American Hospital Association (“AHA”) sued the U.S. Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) in a federal court in Texas. In their complaint they challenge the enforcement of an OCR guidance bulletin (the, “Bulletin”),… |
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