Health Care

January 15, 2021

As reported in our prior alert, the Department of Labor (DOL) has issued its final rule Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States. Published today in the Federal Register, the Final Rule is effective March 15, 2021. The rule increases wages employers are required to pay H-1B workers by the percentiles we previously reported for the four wage levels utilized by the DOL—35th percentile for…

COVID-19 Response Blog

The US National Defense Authorization Act for Fiscal Year 2021: Procurement Policy and Requirements

By Marcia Madsen & David F. Dowd

January 15, 2021

The National Defense Authorization Act for Fiscal Year 2021 (“the Act”) contains a range of policy reforms and requirements that will impact companies doing business with the Government and the supply chain. Many of these measures will be refined through rulemaking. Among other provisions, the Act: Modifies the threshold for the Berry Amendment, which restricts acquisition of certain materials to domestic sources. Imposes safeguards to prevent China from acquiring defense-sensitive intellectual property, technology, and data.…

Healthcare Law Insights

Chair’s Column: Inquiring Associates Want to Know!

By Hal Katz

January 15, 2021

Recent conversations with associates at Husch Blackwell reminded me of my days as an associate. I recall wondering whether I was doing a good job, if more billable hours meant significantly more money, and what it would really take to be made partner. The firm had a mentor program, and associate reviews, but I still was unsure of the answers. Approaching a partner directly was intimidating. The partners who assigned me work were very smart,…

DC Medical Malpractice & Patient Safety Blog

Speeding, distraction, intoxication: Why U.S. roads turned so lethal in 2020

By Patrick A. Malone

January 15, 2021

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Motorists who didn’t make new year resolutions should sign on to some lifesaving, commonsense vows: They can pledge to slow down, focus on task more, and to halt the record road carnage that happened in 2020. In the year just ended, Americans drove fewer miles than they had in recent years due to public health restrictions related to the coronavirus pandemic and the virus-caused economic collapse. But drivers logged destructive results when they hit the…

Medicaid and the Law

A Deeper Dive into CMS’ Multiple Best Prices Policy

By Haider Andazola

January 15, 2021

As my colleague Tom wrote about in a recent post, the Centers for Medicare & Medicaid Services (CMS) has finally responded to a growing chorus of stakeholders that government price reporting requirements, particularly Medicaid Best Price (BP), are stifling innovative value-based contracting arrangements (VBAs). As the proverbial wisdom goes, “nothing changes if nothing changes,” and CMS’ recently finalized proposal to allow manufacturers to report multiple BPs is meant to stimulate innovative changes in contracting for…

Medicaid and the Law

Coverage of Routine Clinical Trial Costs Under the Medicaid Program

By Thomas Barker

January 15, 2021

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Right before the new year, we told you about some of the Medicaid-related provisions of the COVID relief package that was recently signed into law by President Trump. One provision of that law that we thought merited a separate article was a new requirement that state Medicaid plans cover the routine patient costs of items and services furnished in connection with the participation by a Medicaid beneficiary in a routine clinical trial. The provision will…

Health Law Advisor

Podcast: Forecast for Telehealth Fraud and Abuse Risk in 2021 – Diagnosing Health Care

By Epstein Becker & Green, P.C.

January 15, 2021

This Diagnosing Health Care episode examines the fraud and abuse enforcement landscape in the telehealth space and considers ways telehealth providers can mitigate their enforcement risks as they move into the new year. Hear how the uptick in enforcement warrants close consideration by telehealth providers, especially those that are new to the space and have not yet built their compliance infrastructures. The episode features Epstein Becker Green attorneys Amy Lerman, Melissa Jampol, and…

Covington Digital Health

Proposed New EU Cyber Rules Introduce More Onerous Requirements and Extend to More Sectors

By Mark Young, Paul Maynard & Marianna Drake

January 15, 2021

In addition to releasing the new EU Cybersecurity Strategy before the holidays (see our post here), the Commission published a revised Directive on measures for high common level of cybersecurity across the Union (“NIS2”) and a Directive on the resilience of critical entities (“Critical Entities Resilience Directive”). In this blog post, we summarize key points relating to NIS2, including more onerous security and incident reporting requirements; extending requirements to companies in the food, pharma,…

Health Care Law Today

Key Findings & Takeaways from OCR HIPAA Audit Findings

By Jennifer L. Urban, Jennifer J. Hennessy & Aaron T. Maguregui

January 15, 2021

The Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services recently published its findings from audits conducted in 2016 and 2017 of covered entities’ and business associates’ compliance with selected provisions of HIPAA’s Privacy, Breach Notification, and Security Rules. The audits included health care providers, health plans, health care clearinghouses, and business associates. In short, OCR found material noncompliance with HIPAA’s Notice of Privacy Practices (NPP), right of access, breach…

Health Care Law Today

Episode 14: Economics 101: Tools for Understanding Antitrust and Provider Deals

By H. Holden Brooks

January 14, 2021

In this episode, Foley Partner Holden Brooks sits down with Drs. Monica Noether and Sean May, who are Vice Presidents at Charles River Associates (CRA), to explore the ways that economists add value to provider clients who are considering transactions. They will explain what it is that economists can bring to the table, their flexibility in structuring these kinds of engagements, and get a sense for what they see emerging as trends in the…

Health Care

Trump Administration Publishes H-1B DOL Wage Rule

The US National Defense Authorization Act for Fiscal Year 2021: Procurement Policy and Requirements

Chair’s Column: Inquiring Associates Want to Know!

Speeding, distraction, intoxication: Why U.S. roads turned so lethal in 2020

A Deeper Dive into CMS’ Multiple Best Prices Policy

Coverage of Routine Clinical Trial Costs Under the Medicaid Program

Podcast: Forecast for Telehealth Fraud and Abuse Risk in 2021 – Diagnosing Health Care

Proposed New EU Cyber Rules Introduce More Onerous Requirements and Extend to More Sectors

Key Findings & Takeaways from OCR HIPAA Audit Findings

Episode 14: Economics 101: Tools for Understanding Antitrust and Provider Deals

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