Insights on Health Care

In an effort to reorganize, the New York Department of Health (NYDOH) has formed a new Office of Aging & Long Term Care (OALTC), which would oversee long term care and senior living facilities in New York.

Partner Emily Leongini and Associate Shoshana Golden were quoted on the potential impact of the US Supreme Court’s ruling in Dobbs v. Jackson on other aspects of reproductive health care.

Partner Lowell Brown was quoted on hospitals’ and other medical providers’ ability to perform abortions under the federal Emergency Medical Treatment and Active Labor Act (EMTALA) in states with strict abortion restrictions.

After many years of policy debate and attempts at proposed legislation, some of the most meaningful changes to the ways in which Medicare pays for prescription drugs – and the obligations of manufacturers selling drugs to Medicare beneficiaries - have finally come to pass.

ArentFox Schiff is pleased to announce that 121 attorneys have been recognized by The Best Lawyers in America 2023, with an additional six attorneys highlighted as “Lawyers of the Year” and 40 attorneys listed as “Ones to Watch.”

The Metaverse stands to disrupt nearly every industry – fashion, media and entertainment, real estate, sports, the list goes on – presenting immense possibilities and potential risks. We have created the ArentFox Schiff Industry Guide to the Metaverse to answer questions and anticipate concerns.

Partner Hillary Stemple was quoted by Pink Sheet on how the US Department of Health and Human Services (HHS) and US Food and Drug Administration (FDA) could expand access to medication abortion, in line with President Biden’s July executive order.

In a newly filed lawsuit against the State of Idaho, the federal government argues that Idaho’s “near-total ban on abortion,” scheduled to take effect on August 25, 2022, overreaches by prohibiting abortion even where federal law may require physicians to perform an emergency abortion.

A series of new developments combine to make the broad topic of Environmental, Social, and Governance (ESG) investing, disclosure, and regulation more relevant to the not-for-profit healthcare sector (Sector).

The Centers for Medicare & Medicaid Services (CMS) issued its annual proposed rule related to the Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems for 2023 (the HOPPS Proposed Rule) on July 26, 2022.

On July 20, 2022, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert cautioning physicians and other health care practitioners to use “heightened scrutiny” when entering into telemedicine arrangements that have “suspect characteristics” of a fraud scheme.

The HHS Office for Civil Rights (OCR) recently imposed a $50,000 civil monetary penalty on a dental practice that disclosed patient-identifying information in response to a negative online review. The case is a reminder that healthcare providers risk liability for a HIPAA privacy violation.

According to guidance published by the Centers for Medicare and Medicaid Services (CMS) on July 11, 2022, EMTALA, the Emergency Medical Treatment and Labor Act of 1986, requires hospitals to provide abortion services when necessary to stabilize a pregnant patient’s emergency medical condition.

The life sciences and pharmaceutical industry is investigating potential applications in the Metaverse to reduce costs, increase efficiency, and develop novel functionalities.

Partner Jill Steinberg spoke with The American Lawyer about ArentFox Schiff’s new Reproductive Health Task Force and the legal challenges that were created when the US Supreme Court overturned Roe v. Wade.

The Centers for Medicare & Medicaid Services (CMS) calendar year 2023 rule proposing changes to payment policies under the Physician Fee Schedule (PFS) and Medicare Part B (the Proposed Rule) will officially be published in the Federal Register on July 29, 2022.

In Khoiny v. Dignity Health, the California Court of Appeal held that hospital residency programs are primarily employment programs and medical residents are primarily employees. Therefore, courts should not give special deference to residency programs’ termination decisions.

On July 14, ArentFox Schiff hosted the HGPII Annual Best Practices Forum, one of the group purchasing sector’s premier training and leadership development conferences.

ArentFox Schiff LLP announced today the launch of its Reproductive Health Task Force to counsel clients on legal issues stemming from the repeal of Roe v. Wade.

On June 21, 2022, the Supreme Court concluded, in Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc., No. 20-1641, 2022 WL 2203328 (U.S. June 21, 2022), that the terms of a benefit plan limiting reimbursement for dialysis treatment did not violate the MSP Act.

Partner Anne Murphy will present at the American Health Law Association’s (AHLA) Annual In-House Counsel Program on June 26 in Chicago.

CMS recently imposed Civil Monetary Penalties against two Georgia hospitals for failing to comply with the 2021 Price Transparency Rule, which requires hospitals to publish the standard costs of their items or services on a public website. 

The US Department of Health and Human Services’ (HHS) declaration that COVID-19 remains a public health emergency (PHE) will continue through July 15, 2022, and is expected to be renewed again through October 13, 2022.

The Food and Drug practice at ArentFox Schiff has received numerous inquiries from clients about long COVID, so we decided to ask our in-house scientist, Robert Edwards, Ph.D., Director of Regulatory Science, to prepare an Alert addressing many of the inquiries we have received.

The 2022 edition of Legal 500 US has rated 77 ArentFox Schiff attorneys as national leaders in their field. In addition, 19 of the firm’s practice areas were ranked among the best in the country.