On March 13, 2020, President Donald Trump issued a proclamation declaring a national emergency concerning the novel coronavirus disease (the “Emergency Declaration”). The president framed the emergency declaration as empowering the Secretary of Health and Human Services (“HHS”) to waive
Health Law Insider
Developments and trends in the health care industry
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Trickbot and Emotet Financial Malware Now Attacking the Healthcare Industry
In a recent Cybercrime Tactics and Techniques Report focusing on the health care industry, cybersecurity company Malwarebytes discovered a significant 82% spike in Trojan malware attacks on health care organizations in Q3 2019. Emotet and TrickBot, two especially sophisticated…
AKS and Medicare Advantage Plans: Don’t Kickback and Relax!
Health care attorneys have long questioned whether there are significant Anti-Kickback Statute (AKS) risks associated with financial transactions between Medicare Advantage plans and their participating providers. An ongoing case in the Northern District of Illinois could provide Medicare Advantage organizations…
NLRB Gives Employers Greater Discretion to Limit Union Activity on Their Premises
The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union representatives access to public areas of their property unless…
Medicare Advantage Premiums Are Not Subject to Washington Tax
Appeals Court ruling supports MA organization request for refund of B&O taxes paid on premiums
On April 1, 2019, the Washington Court of Appeals Division 1 ruled unanimously in a published opinion that premiums received by Medicare Advantage (“MA”) organizations…
HHS Issues Practical New Cybersecurity Guidance for Healthcare Businesses of all Sizes
In late January, the U.S. Department of Health and Human Services’ Healthcare & Public Health Sector Coordinating Council issued a new cybersecurity guidance document for healthcare businesses of all sizes. The guidance document, entitled “Health Industry Cybersecurity Practices: Managing Threats…
Washington Supreme Court Announces Zero-Tolerance Approach to Sexual Harassment in Places of Public Accommodation
The Washington Law Against Discrimination (WLAD) prohibits “places of public accommodation” from discriminating against their customers on the basis of several protected characteristics, including, without limitation, sex, race, national origin, and sexual orientation. Sexual harassment is one prohibited form of…
Effects of State Individual Mandates on Employer Group Health Plans
Late last year, Congress passed the Tax Cuts and Jobs Act, which included a provision effectively repealing the requirement for most Americans to have health insurance. This “individual mandate” was originally imposed by the Affordable Care Act (“ACA”). Beginning in…
Short-Term Health Plans Hit Roadblock in Washington State
Washington’s Insurance Commissioner Rolls Back Federal Attempt to Expand Access to Short-Term Health Plans
On October 17, 2018, the Office of the Insurance Commissioner (“OIC”) adopted a final rule that defines minimum standards for short-term limited-duration health insurance plans (“short-term…
Was the Response Responsive Enough? The Oregon Court of Appeals Weighs In On “Failure to Respond” to the Board of Dentistry
Angle v Board of Dentistry, No. A162472, decided by the Oregon Court of Appeals on October 17, 2018, is a statutory interpretation case that may inform how dentists respond to requests for information from the Oregon Board of Dentistry.…