Health Care Law Today

On Monday February 22, 2021, the U.S. Supreme Court declined to grant certiorari in CareAlternatives v. United States (CareAlternatives), a case on appeal from the Third Circuit that could have assessed the issue of “objective falsity” under the federal False Claims Act (FCA). The Supreme Court’s rejection leaves standing the split among Circuit Courts on whether the government or a whistleblower (Relator) must prove that a claim is objectively false to bring a successful FCA…
As part of the omnibus Federal appropriations bill enacted into law on December 27, 2020, Congress established new reporting requirements for states that make Medicaid supplemental payments. The new requirements follow on the heels of the withdrawal of a controversial proposed rule, which would have made more sweeping changes to Medicaid supplemental payments. As a result of the new law, the Centers for Medicare and Medicaid Services (CMS) will be developing a new reporting…
The telemedicine and digital health industry has a new organization, the Telehealth Equity Coalition (TEC), which seeks expanded, meaningful access to health care. Launched in February 2021, the TEC works with nonprofit, academic, and industry partners to offer a unique voice to help transform communities through equitable telehealth delivery and utilization. The Coalition is “driven to improve access to quality and affordable health care by increasing the adoption of telehealth, especially among those communities who…
Editor’s Note: Health Care Law Today would like to thank Quinn Carlson, Extern, for her contributions to this article. During President Biden’s first few weeks in office, he signed 30 executive orders (EO), many of which are designed to improve and protect the safety, well-being, and future of the United States. This blog post provides a high level summary of the top 12 executive orders related to healthcare and the Covid-19 pandemic response. 1. EO…
The Public Health Emergency introduced a myriad of changes to federal and state telemedicine and digital health laws and rules. There were expansions to telehealth coverage and reimbursement, suspension of enforcement on HIPAA security for digital health, expedited FDA review processes, DEA exemptions of controlled substance prescribing rules, and state waivers of medical licensure requirements. Nearly all these changes, whether permanent or temporary, were telemedicine-friendly and promoted the use of digital health technology to deliver…
A panel of industry thought leaders met on February 2nd to discuss how best to monitor and complete internal audits of referral contracts during the Navigate Contracting Amid Health Care Fraud Regulations webcast hosted by Moss Adams. The discussion was moderated by Lawrence Vernaglia, Partner and member of the Heath Care Industry Team at Foley & Lardner LLP, and included panelists Lori Laubach (Partner at Moss Adams); Calvin Swartley (Managing Director at Moss Adams);…
PYA and Foley & Lardner hosted the third annual “Let’s ‘Virtually’ Talk Compliance” master class on Friday, January 22nd. The panel of presenters included health care attorneys, certified public accountants and valuators, and health care advisors. Panelists included Foley & Lardner attorneys Jackie Acosta, Chanley Howell, Jana Kolarik, and Roger Strode and PYA experts Angie Caldwell, Lori Foley, Barry Mathis, and Valerie Rock. Below are a few major…
For years, Foley has monitored legal policy in the telemedicine and digital health industry, following how advances in technology have coupled with improved state regulations to supercharge the growth of telehealth and virtual care services in the United States. We now share the results of our 2021 50-State Survey of Telehealth Commercial Payer Statutes, which confirm significant legal advancements supporting the industry. The report provides a detailed landscape of the state telehealth commercial insurance…
In the wake of COVID-19, the United States continues to struggle with a prior public health emergency: a crisis of opioid and substance addiction. More than 83,000 drug overdose deaths occurred in the United States in the 12 months ending in June 2020, the highest number of overdose deaths ever recorded in a 12-month period, and an increase of over 21% compared to the previous year. Access to treatment programs was already insufficient prior to…
On January 14, 2021, the U.S. Court of Appeals for the Fifth Circuit vacated the civil monetary penalty (CMP) imposed by the Department of Health and Human Services (HHS)  against the University of Texas M.D. Anderson Cancer Center (M.D. Anderson) in 2017. The court stated that HHS “offered no lawful basis for its civil monetary penalties against M.D. Anderson” and HHS’ “decision was arbitrary, capricious, and contrary to law.” History of the Case Between 2012…