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The End of Physician Noncompetes in Indiana Hospitals: A Look into Indiana Senate Enrolled Act No. 475 

By: Marsha Jean-Baptiste and Scott S. Morrisson on April 28, 2025

In a significant development for healthcare employment law, Indiana’s Senate Enrolled Act No. 475 (“SEA 475”) broadens existing restrictions on physician noncompete agreements to include nearly all physician types—not just primary care providers. Building on Senate Enrolled Act No. 7, which took…

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Tele-prescribing Here to Stay? HHS Signals Commitment to COVID-19 Era Telemedicine Prescribing Expansions

By: Madison Hartman Harada on April 23, 2025

After months of back and forth, with the fate of tele-prescribing in limbo, the Department of Health and Human Services (“HHS”) signaled its continued commitment to some COVID-19 era telemedicine expansions by the recent issuance of two final rules: (1) Expansion of Buprenorphine Treatment via…

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Clearing the Path to Care: OIG Continues to Approve Modest Patient Incentives to Accessing Health Care Services

By: Brandon W. Shirley on April 22, 2025

A recent advisory opinion from the Office of Inspector General (“OIG”) provides welcome clarity and encouragement to community health centers looking for ways to incentivize patient access to care. Advisory Opinion 25-02 continues the OIG’s favorable support of strategies designed to connect…

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OIG Signals Potential Approval of Prescription Drug Assistance Programs

By: Stephanie T. Eckerle, Brandon W. Shirley, and Madison Hartman Harada on February 12, 2025

Non-profit healthcare entities may soon have greater flexibility when it comes to patient assistance programs that subsidize the cost of prescription drugs for their patients residing in rural areas. Generally, such programs risk violating the patient remuneration prohibition under the federal…

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Massachusetts to Require Licensure for Non-Resident Pharmacies in 2025

By: Stephanie T. Eckerle and Madison Hartman Harada on February 10, 2025

The Massachusetts Board of Registration in Pharmacy (the “Board”) announced, via updated Non-Resident Licensure FAQs on November 19, 2024,  that it will now require non-resident pharmacies to be licensed in order to dispense prescription products into the state. Massachusetts has historically…

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Approaching Deadline to Submit HIPAA Breach Notifications to HHS

By: Stacy Walton Long and Christopher J. Kulik on February 4, 2025

Under the HIPAA Breach Notification Rule, 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. Therefore, the deadline to report 2024 breaches…

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HIPAA Wrapped: OCR’s 2024 HIPAA Highlights

By: Stacy Walton Long and Thomas M. Abrams on February 3, 2025

OCR Director Melanie Fontes Rainer released an announcement on January 7, 2025 recapping OCR’s HIPAA accomplishments and enforcements in 2024. (“Announcement”).  In the Announcement, Rainer highlights new rules implemented and enforcement actions taken by her agency in 2024. Covered entities should…

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CMS Reporting Requirements for Nursing Facilities: Fast Tracking the Start Line

By: Meghan M. Linvill McNab and Andrew N. Warner on October 22, 2024

As we previously reported, 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.  Most notable and complicated of these new requirements…

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Is the Heyday of Whistleblowers Coming to a Close?

By: Alexandra Wilson Pantos, Marc T. Quigley, Thomas J. Costakis, and Libby Yin Goodknight on October 7, 2024

Under the False Claims Act (“FCA”), whistleblowers (known as qui tam relators) are able to initiate and direct the litigation of cases that seek recovery for alleged injuries to the federal government. 31 U.S.C. § 3730(b). The penalties for FCA violations are astronomical – with penalties up to…

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Physician Non-Competes in Indiana – The Old, the New, and the Future

By: Stephanie T. Eckerle, Scott S. Morrisson, and Grant M. Achenbach on July 25, 2024

Restrictive covenants in Indiana have long been a topic of litigation and debate for health care providers, private practices, and health systems.  Historically, and before there were statutory restrictions for physician non-competes, there is a long line of cases that have required physician…

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HHS Finalizes Enforcement Stick For Health Care Providers Committing Information Blocking

By: Stacy Walton Long and Christopher J. Kulik on July 23, 2024

Effective July 31, 2024, health care providers will be subject to “disincentives” for committing information blocking. As codified under the 21st Century Cures Act, information blocking is when an “actor” (e.g. health care provider) interferes with the access, exchange, or use of electronic health…

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Party Like It's July 1, 2024

By: Grant M. Achenbach and Brandon W. Shirley on June 5, 2024

The beginning of July always brings fireworks, cookouts, patriotic festivities, and a laundry list of new laws with a July 1 effective date. This year is no different, as several new laws applicable to health care providers were enacted by the Indiana General Assembly during the 2024 legislative…

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