Insights on Health Care

The recently passed Consolidated Appropriations Act (CAA) of 2023 includes a new Stark Law exception and Anti-Kickback Statute (AKS) safe harbor, allowing hospitals and other health care entities to offer their physicians programs to improve mental health and resiliency.

On May 26, 2023, the Centers for Medicare & Medicaid Services (CMS) released a Proposed Rule titled: “Medicaid Program: Misclassification of Drugs, Program Administration and Program Integrity Updates Under the Medicaid Drug Rebate Program.”

Telehealth experienced massive growth during the COVID-19 pandemic, due in no small part to various regulatory and reimbursement policies that federal agencies implemented.

ArentFox Schiff is pleased to announce that 70 attorneys were recognized as leaders in their field and 24 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked in the 2023 edition of Chambers USA.

Health Care Partners Lowell Brown and Annie Chang Lee will present at the California Association Medical Staff Services (CAMSS) 52nd Annual Educational Forum on June 1-2, 2023.

In a recent decision, the US District Court for the District of Utah granted United Healthcare’s (UHC) motion for summary judgment on the plaintiff’s facial and as-applied claims under the Mental Health Parity Act.

Throughout 2021 and 2022, states have been seeking to include or have successfully included medical respite to Medicaid 1115 waivers. These experimental Medicaid-reimbursed programs are reviewed and approved by the Secretary of Health and Human Services to promote the objectives of Medicaid.

Health Care Counsel Gayland Hethcoat will present at the California Society for Healthcare Attorneys’ (CSHA) 2023 Annual Meeting and Spring Seminar on May 5.

Publicizing home health agency and hospice agency ownership information furthers President Biden’s goal to promote competition and make data more transparent for consumers, as noted in his July 2021 Executive Order.

An outcome of the COVID-19 pandemic has been the attractiveness of innovative care alternatives, for patients and providers alike.

On February 17, 2023, the US Department of Health and Human Services Office for Civil Rights (OCR) released two companion reports to Congress detailing its actions in 2021 to enforce the privacy, security, and breach notification requirements under HIPAA.

In the landmark case of Dobbs v. Jackson Women’s Health Organization, the US Supreme Court overturned its prior rulings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which had recognized a constitutional right to abortion protected from government interference.

ArentFox Schiff LLP has launched the Hospital Municipal Bonds Initiative, comprising a multidisciplinary group of lawyers with extensive experience in tax-exempt hospital financings, restructurings, workouts, and health care counseling.

As those in the reproductive health space scramble to keep up with the ever-changing landscape of mifepristone (Mifeprex) access, it seems that every party must have their say.

Health Care Partner Stephanie Trunk will present at the Healthcare Distribution Alliance’s (HDA) 2023 Distribution Management Conference on March 13.

Health Care Partner Anne Murphy recently talked with Deborah Biggs of PYA and Michael Peregrine of MWE about recent developments surrounding environmental, social, and corporate governance (ESG) in the health care industry.

Gayland Hethcoat will be presenting at the Virtual 40th National HIPAA Summit on March 7, 2023. He will be co-presenting with Christina Hud, an Assistant US Attorney from the US Attorney’s Office in New Jersey, on recent criminal enforcement of HIPAA.

In parallel cases, health care providers are continuing to challenge rulemaking by the US Departments of Treasury, Labor, and Health and Human Services (the Departments) under the No Surprises Act (the Act).

In a move changing a decades-long practice, The Joint Commission extended its required timeframe for the reappointment of practitioners from every two years to every three years, unless law or regulation require shorter time periods.

On February 15, 2023, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule which would require greater disclosures of the ownership and management of Medicare and Medicaid nursing homes.

With the approval of the modified mifepristone Risk Evaluation and Mitigation Strategy (REMS), it has been a momentous few weeks in the reproductive health legal space.

The latest edition of a widely circulated annual survey of the national healthcare supply chain has found that healthcare group purchasing organizations (GPOs) are adhering to best business practices, and exploring innovative methods to address supply disruptions while promoting cost savings.

Health Care attorneys Lowell Brown and Sarah Benator will present at The Institute For Medical Leadership’s Chief of Staff Boot Camp in February.

With the new year underway, the ArentFox Schiff Health Care team highlights 10 of the most pressing legal issues facing the industry in 2023.

On February 6, 2023, health care providers scored a second significant victory when a federal court in Texas again vacated portions of the Biden Administration’s rules governing the arbitration procedures to resolve surprise billing disputes under the federal No Surprises Act (NSA).