11.01.19 On October 31, 2019, the U.S. Department of Agriculture published in the Federal Register its interim final rule, effective as of the same date, regulating domestic hemp production. The Interim Rule provides that hemp may be grown domestically pursuant to a hemp production program administered by a state or tribal authority and approved by the USDA (or, if a state or tribal authority declines to implement such a program, by the USDA directly). Growers,…

10.31.19 In a recent conference hosted by the Office of Civil Rights for HHS, Director Roger Severino expressed OCR’s intent to vigorously enforce patient rights. Director Severino also commented on OCR’s active role in promoting healthcare initiatives such as the regulatory sprint to coordinated care.  This divergence from traditional HIPAA privacy and security enforcement and the use of its enforcement authority to advance federal healthcare initiatives are confirmed by 2 of OCR’s recent actions. In…

10.29.19 To ease restraints on healthcare providers and improve care, the Department of Health and Human Services (HHS) recently proposed changes to two anti-fraud laws, the Physician Self-Referral Law (the “Stark Law”) and the Federal Anti-Kickback Statute. Currently, the federal laws that govern patient referrals prohibit physicians from referring patients to any institution where the physician has a financial relationship. However, those regulations are viewed by the Trump Administration as obstacles to the Administration’s goal…

10.14.19 On the heels of the September decision in Center City Healthcare, LLC, d/b/a Hahnemann University Hospital, et al., Case No. 19-11466 (KG), in which federal bankruptcy Judge Kevin Gross ruled that the Hahnemann’s Medicare provider agreement, which provided that Hahnemann would hold certain residency slots [1], was a statutory entitlement that could be sold under sections 363(b) and (f) of the Bankruptcy Code, rather than being an executory contract that must be assumed and assigned…