Health Care Law Today

“As with many parts of health care, there will be a healthy mix of physical and digital, but for me, this is an area that will be durable over the long-term. It was already a trend, but COVID has accelerated it.” – Katherine Wood, Principal at TPG Capital. A panel of industry thought leaders met on November 12th to talk about how COVID-19 has been a major factor in Trending Towards a Record-Breaking Year in…
The Centers for Medicare & Medicaid Services (CMS) issued updated guidance on the thresholds that Applicable Manufacturers and Group Purchasing Organizations are required to report annually under the Sunshine Act (42 U.S.C. § 1320a-7h; 42 C.F.R. Part 403 et. seq.). Specifically, if Applicable Manufacturers or Group Purchasing Organizations spend $11.04 or less, an increase from $10.49 in 2020, on a Reportable Activity for a given Covered Recipient from January 1, 2021 –…
On March 25, 2020, we reported that the Department of Health and Human Services (HHS) had extended the Public Readiness and Emergency Preparedness (“PREP”) Act to provide immunity to “Covered Persons” providing “Covered Countermeasures” against COVID-19.  As we noted in our April 17 update to the same article, the Office of the General Counsel for HHS issued an omnibus advisory opinion on April 14 that addressed common questions and concerns about the scope of PREP…
A panel of health care industry leaders and subject matter experts met to discuss more accessible, convenient, and reliable patient care and the lifting of behavioral health’s stigma, hosted by HLTH on October 29, 2020 as part of the HLTH Matters GoLive Webinar Series. HLTH (pronounced “health”) is a community of leaders, innovators, and pioneers of the health industry and span across the entire health ecosystem; payers, providers, employers, investors, startups, pharma, policymakers, and…
On October 29, 2020 the United States Departments of Health and Human Services, Labor and Treasury (the Departments) issued a final rule entitled Transparency in Coverage (the Rule). The Rule continues on the Trump Administration’s goal of increasing the availability and transparency of health care price information to consumers and others. It follows on the President’s Executive Order on Improving Price and Quality Transparency in American Healthcare to Put Patients First, issued June 24,…
“The COVID Public Health Emergency did not create the telehealth industry; it simply accelerated its inevitable growth.” – Nathaniel Lacktman, Partner and Chair of Foley & Lardner’s Telemedicine & Digital Health Industry Team  A panel of telehealth thought leaders met to discuss How Telehealth Transformed Health Care Delivery and What the Future Holds, hosted by Moss Adams at its 2020 Health Care Executive Webcast Series: Consequences of a Crisis & Revolutionizing Care. The discussion…
On October 28, 2020, the U.S. Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the U.S. Department of Health and Human Services (HHS) issued a joint warning that they have “credible information of an increased and imminent cybercrime threat to U.S. hospitals and healthcare providers.” The warning comes on the heels of what may be the earliest reports of a causal relationship between a ransomware attack and the death of…
The Georgia Composite Medical Board recently finalized a new amendment to its telemedicine practice standards. The purpose of the amendment was to address the use of technology as it relates to telemedicine, and clarify the Board’s position on the use of peripherals when conducting a patient examination via telemedicine. The amendment is effective September 28, 2020. The Board made a slight change to Georgia Rules and Regulations Section 360-3-.07(3)(d) (“Practice Through Electronic or Other Such…
On October 8th, the Massachusetts Health & Hospital Association (MHA) held a webinar regarding the information blocking aspects of the Office of the National Coordinator for Health Information Technology (ONC) Final Rule under the 21st Century Cures Act. The Cures Act required ONC to develop regulations to improve interoperability and patient access to electronic health information, and deter information blocking. Information blocking is a practice that is likely to interfere with, prevent, or materially…
On October 14, 2020, CMS added eleven new codes to the list of telehealth services covered by Medicare during to the COVID-19 Public Health Emergency (PHE). Coverage for these new services is effective immediately and will continue, on a temporary basis, for the duration of the PHE. The PHE was recently extended through January 20, 2021.  CMS also released a new supplement to its State Medicaid and CHIP Telehealth Toolkit, sharing new insights and…