Since the No Surprises Act was signed into law in 2020, the Department of Health and Human Services has published several rules with respect to the Act, leaving many unanswered questions. With the Act taking effect this month, forums are
Health Care Today
Health Care Today, published by UB Greensfelder LLP, focuses on legal issues affecting the healthcare industry. The blog covers topics such as compliance with federal healthcare laws including the No Surprises Act and vaccine mandates, regulatory guidance from agencies like CMS, hospital operational policies including co-location and staffing, and employment law matters such as non-compete agreements impacting healthcare professionals. It addresses the intersection of healthcare delivery and legal requirements, providing updates on enforcement, regulatory changes, and practical implications for healthcare providers, facilities, and employers.
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Health Law Alert: CMS Guidance Addresses Compliance with Vaccine Requirements
On December 28, 2021, directors from the Quality, Safety and Oversight Group at The Centers for Medicare and Medicaid Services (CMS) released a memorandum (QSO-22-07-ALL) outlining its procedures for surveying compliance under its November 5, 2021, Omnibus COVID-19 Health Care…
CMS Issues Flexible but Confusing Final Guidance on Hospital Co-Location
In 2019, the Centers for Medicare and Medicaid Services (CMS) issued draft guidance on hospital co-location (when hospitals share space and resources with other health care entities). We previously summarized that draft guidance here. On November 12, 2021, CMS…
What Health Care Providers Need to Know About Illinois’ New Non-Compete Law
As originally drafted, the Illinois Freedom to Work Act (IFWA) only barred employers from entering into non-compete agreements with “low wage employees,” i.e., those making no more than minimum wage or $13 per hour, whichever is greater. In 2022, the…
No Surprises Act Aims to Avoid Surprise Out-of-Network Medical Bills
The No Surprises Act, which then-President Trump signed into law on December 27, 2020, as part of the Consolidated Appropriations Act of 2021, addresses surprise medical bills from out-of-network providers when patients believe they are seeking care from in-network providers.…
Lucrative Speaking Engagements with Drug and Medical Device Companies: Approach with Caution
If an offer to a health care provider to speak at or attend a pharmaceutical or medical device company’s event seems too good to be true – it probably is, and it could lead to civil, criminal and federal administrative…
Supreme Court Hears Oral Arguments in ACA Challenge
On November 10, 2020, the U.S. Supreme Court held oral arguments in California, et. al. v. Texas, et. al., the most recent challenge to the Patient Protection and Affordable Care Act (ACA).
By way of brief background, the Supreme Court…
HHS Blocked from Rolling Back Health Care Protections for Transgender Workers
Greensfelder Officer Amy Blaisdell was recently quoted in an article for SHRM about a federal judge in New York temporarily blocking a regulation that was going to remove some health care protections for transgender individuals. The article, titled “HHS Blocked…
Objective Versus Subjective Evidence in the ERISA Claims-Handling Process
Greensfelder Officer Amy Blaisdell recently co-authored an article in For the Defense, a publication of the Defense Research Institute (DRI), about lessons employers should keep in mind when defending against disability benefits claims that lack objective medical evidence. The article,…
HHS extends deadline for Provider Relief Fund attestations
The Department of Health and Human Services on May 7, 2020, extended the deadline for health care providers to attest to receipt of payments from the Provider Relief Fund and accept the Terms and Conditions.
Providers will now have…