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Health Care Law Brief

Proskauer's perspective on health care law and business

Topics

Alternative Data

FTC Blog Post Highlights Regulatory Focus on Collection of Location and Health Data

Antitrust

FTC’s One-Two Punch on Data Tracking and Health PrivacyPass Go and Collect Regulatory Scrutiny: The Biden Administration Takes Aim at Consolidation & Anti-Competitive Business Practices in Health Care

Compensation

New York State to Fund Bonuses for Certain Healthcare Workers as Part of State Budget

COVID-19

President Biden Announces the End of the COVID-19 Emergencies: The Health Care Industry Has Less Than Four Months to PrepareKey Legal Issues Facing Telehealth Platforms, as Compliance Concerns Bubble for Platforms Launched During the Public Health EmergencyLessons from the COVID-19 Pandemic: Planning for Disaster Preparedness and Emergency Management in Hospitals

Cybersecurity

Another Resolution by DOJ Pursuant to its Civil Cyber-Fraud Initiative Highlights Continued Efforts to Hold Companies Accountable for Ensuring Data are SecuredFTC’s One-Two Punch on Data Tracking and Health PrivacyDepartment of Health and Human Services Issues Request for Information on Cybersecurity Standards

Digital Health Technology

OIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA LiabilityFTC’s One-Two Punch on Data Tracking and Health PrivacyKey Legal Issues Facing Telehealth Platforms, as Compliance Concerns Bubble for Platforms Launched During the Public Health Emergency

Employment Law

New York State to Fund Bonuses for Certain Healthcare Workers as Part of State Budget

Fraud & Abuse

Recent Supreme Court Case Affirms Government’s Power to Dismiss Qui Tam SuitsThe Supreme Court’s Ruling Narrows Available FCA Scienter DefensesAnother Resolution by DOJ Pursuant to its Civil Cyber-Fraud Initiative Highlights Continued Efforts to Hold Companies Accountable for Ensuring Data are Secured

Health

California Releases Proposed Regulations on Health Care Transaction Notice RequirementsOIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA LiabilityChallenges to the No Surprises Act Continue: The Latest includes a Challenge to a 600% Increase in Administrative Fees

Health Care Litigation

Recent Supreme Court Case Affirms Government’s Power to Dismiss Qui Tam SuitsThe Supreme Court’s Ruling Narrows Available FCA Scienter DefensesRecent FCA and AKS Litigation Highlights Use of Different Standards in Different Circuits

Health Care Privacy/HIPAA

Another Resolution by DOJ Pursuant to its Civil Cyber-Fraud Initiative Highlights Continued Efforts to Hold Companies Accountable for Ensuring Data are SecuredPrivacy Post-DobbsFederal Vaccination Tracking Raises Privacy Concerns

Health Care Transactions

New York’s New Notice Requirement for Practice Management Deals Demonstrates a Trend That Should be Carefully WatchedCalifornia Releases Proposed Regulations on Health Care Transaction Notice Requirements2024 New York Budget Proposes Wide-Ranging Transaction Approval Requirement That Targets Private Investment in Physician Practices and MSOs, and Permits DOH to Extract Concessions

Healthcare

California Releases Proposed Regulations on Health Care Transaction Notice RequirementsMedicare Advantage 2024 Rate Announcement – Further Impacts to Risk AdjustmentFTC’s One-Two Punch on Data Tracking and Health Privacy

HIPAA

OIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA LiabilityPrivacy Post-DobbsDepartment of Health and Human Services Issues Request for Information on Cybersecurity Standards

Home Health Services

CMS releases guidance on Expanded Home Health Value-Based Purchasing (“HHVBP”) Model

Hospitals & Health Systems

The Saga of the No Surprises Act Continues to be … SurprisingHealth Care Providers on Alert: Two Hospitals Penalized for Continuous Noncompliance with the Hospital Price Transparency RuleFailure to Disclose Speakers at Protected QA Meeting Loses Protection for All Speakers

Insurance

2024 Final Rule: CMS Announces More Changes to Medicare Advantage but Declines to Reform the “60 Day Rule”Medicare Advantage 2024 Rate Announcement – Further Impacts to Risk AdjustmentThe Supreme Court Denies Petition Challenging CMS’s Overpayment Rule

Legislation

New York’s New Notice Requirement for Practice Management Deals Demonstrates a Trend That Should be Carefully WatchedCalifornia Releases Proposed Regulations on Health Care Transaction Notice Requirements2024 New York Budget Proposes Wide-Ranging Transaction Approval Requirement That Targets Private Investment in Physician Practices and MSOs, and Permits DOH to Extract Concessions

Mobile

FTC Blog Post Highlights Regulatory Focus on Collection of Location and Health Data

Payors

Medicare Advantage 2024 Rate Announcement – Further Impacts to Risk AdjustmentChallenges to the No Surprises Act Continue: The Latest includes a Challenge to a 600% Increase in Administrative FeesThe Supreme Court Denies Petition Challenging CMS’s Overpayment Rule

Privacy Law

Another Resolution by DOJ Pursuant to its Civil Cyber-Fraud Initiative Highlights Continued Efforts to Hold Companies Accountable for Ensuring Data are SecuredFTC’s One-Two Punch on Data Tracking and Health PrivacyFTC Blog Post Highlights Regulatory Focus on Collection of Location and Health Data

Providers

Challenges to the No Surprises Act Continue: The Latest includes a Challenge to a 600% Increase in Administrative FeesAnother Unique Integrity Agreement Signals a Trend towards HHS-OIG’s Comfort with a Belt and SuspendersThe Saga of the No Surprises Act Continues to be … Surprising

Regulatory

New York’s New Notice Requirement for Practice Management Deals Demonstrates a Trend That Should be Carefully WatchedCalifornia Releases Proposed Regulations on Health Care Transaction Notice RequirementsRecent Supreme Court Case Affirms Government’s Power to Dismiss Qui Tam Suits

Regulatory Compliance

New York’s New Notice Requirement for Practice Management Deals Demonstrates a Trend That Should be Carefully WatchedCalifornia Releases Proposed Regulations on Health Care Transaction Notice RequirementsOIG Issues Final Information Blocking Enforcement Rule and Highlights the Potential for Referrals to the FTC and FCA Liability

Reimbursement

2024 Final Rule: CMS Announces More Changes to Medicare Advantage but Declines to Reform the “60 Day Rule”Medicare Advantage 2024 Rate Announcement – Further Impacts to Risk AdjustmentPresident Biden Announces the End of the COVID-19 Emergencies: The Health Care Industry Has Less Than Four Months to Prepare

Telehealth

OIG Issues Special Fraud Alert Regarding Telemedicine ArrangementsHHS Issues HIPAA Guidance on Remote Communication Technologies for Audio-Only TelehealthKey Legal Issues Facing Telehealth Platforms, as Compliance Concerns Bubble for Platforms Launched During the Public Health Emergency

Uncategorized

Recent Supreme Court Case Affirms Government’s Power to Dismiss Qui Tam SuitsThe Supreme Court’s Ruling Narrows Available FCA Scienter DefensesPresident Biden’s Executive Order on Competition Signals Potential Changes Affecting Patents in the Healthcare Sector

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Editors

Photo of Edward S. KornreichEdward S. KornreichPartner
Photo of Matthew J. WestbrookMatthew J. WestbrookAssociate

Blog Authors Show/Hide

  • Ryan P. Blaney
  • Guy Brenner
  • Gary Creem
  • Jacquelyn R. Daniel
  • Angela Gichinga
  • Edward S. Kornreich
  • Jason S. Madden
  • David Manko
  • Ellen H. Moskowitz
  • Whitney Phelps
  • Lexie Reynolds
  • Matthew J. Westbrook

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