On August 4, 2022, the Department of Health and Human Services (“HHS”) issued its proposed rule on Section 1557 of the Affordable Care Act (“ACA”). Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age or
Triage Health Law
Triage Health Law, published by Squire Patton Boggs, focuses on legal issues at the intersection of healthcare and competition law. The blog covers topics such as hospital mergers and antitrust implications, regulatory frameworks like Certificates of Public Advantage, enforcement of interlocking directorates under the Clayton Act, and the impact of government actions on healthcare regulatory agencies like the FDA. It also addresses labor market concerns in healthcare, including scrutiny of non-compete agreements and workforce mobility. The blog provides analysis relevant to healthcare providers, insurers, policymakers, and legal counsel navigating complex regulatory and compliance challenges in the healthcare sector.
Latest from Triage Health Law - Page 10
Buyer Beware: FEMA Claw Backs Could Require Hospitals to Return Funds Received from FEMA for COVID-19 Purchases and Expenses
In the height of the COVID-19 pandemic, hospitals did what they needed to do to control the spread and keep patients alive. That meant purchasing more of certain specialized equipment than they ever would have needed in non-pandemic times. Sometimes…
U.S. Supreme Court Rules Unanimously in Favor of 340B Hospitals
On June 15, 2022, the Supreme Court unanimously decided to reverse the judgment of the U.S. Court of Appeals for the D.C. Circuit. AHA v. Becerra, 142 S. Ct. 1896, 1906 (2022). The issue was whether the Medicare statute…
U.S. Supreme Court Agrees with HHS Payment Methodology for Disproportionate Share Hospitals
The fight about how Medicare compensates disproportionate share hospitals (“DSH”) is one of the longest-running reimbursement disputes of recent years, and it has generated copious work for judges around the country. In a 5-4 decision, the U.S. Supreme Court settled…
Avoiding Endless Liability From ‘Take Home’ COVID Claims
You’ve just been informed that an employee who apparently contracted COVID-19 from an exposure in your workplace brought the virus home, and now their spouse, who is in a high-risk category, has contracted the virus and is in the hospital.…
Healthcare Non-Competes in 2022: Status Following Recent Developments
For healthcare entities that use non-compete agreements, the landscape has changed as much recently as it has at any point in recent memory. Several developments at the federal level have created a potential pitfall that did not materially exist until…
FDA Issued Enforcement Discretion Measures for Infant Formula
In recognition of the infant formula crisis facing the United States supply chain, the Food and Drug Administration (“FDA”) issued guidance on May 16, 2022 providing for enforcement discretion with respect to certain requirements for infant formulas that may not…
Ohio Expands Availability of Telehealth
Since the beginning of the COVID-19 pandemic, policymakers at both the federal and state level have worked to expand the availability of telehealth services. Since telehealth , in many cases, is viewed to provide a convenient, accessible and safe alternative…
Government Continues Aggressive Antitrust Enforcement in the Healthcare Space
On February 24, 2022, the U.S. Department of Justice (“DOJ”) filed suit to block UnitedHealth’s proposed acquisition of Change Healthcare. UnitedHealth owns the largest health insurer in the U.S., while Change Healthcare is a data company whose software is the…
Judge Strikes Down Part Of Administration’s Surprise Billing Rules In Win For Physicians
The Biden Administration’s Interim Final Rule implementing provisions of the No Surprises Act suffered its first major legal setback yesterday. Judge Kernodle of the Eastern District of Texas issued a decision vacating portions of the Rule relating to the independent…