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EMTALA and Emergency Care for Pregnant Patients: Clarifications Evolve Gradually to Reconcile Conflicting Guidance Post-Dobbs

Since the U.S. Supreme Court's June 2022 decision in Dobbs v. Jackson Women's Health Organization (Dobbs), hospitals and their emergency department (ED) clinicians in some states have faced significant uncertainty about their...more

Navigating Federal and State Oversight in Gender-Affirming Care

On August 1, Washington D.C. and 16 states sued the Department of Justice, U.S. Attorney General Pamela Bondi, and President Donald Trump, alleging that the Trump Administration unlawfully prevented transgender minors from...more

CMS Launches WISeR Model to Curb Overuse of Medicare Services

The Centers for Medicare and Medicaid Services (CMS) is looking to reduce the volume of "low value" services furnished to Original Medicare beneficiaries through the recently announced Wasteful and Inappropriate Service...more

New Administration Outlook: Trump Orders and the Impact on Reproductive Healthcare

On January 24, 2025, President Trump issued an Executive Order, titled "Enforcing the Hyde Amendment," revoking President Biden's two Executive Orders 14076 (July 8, 2022) and 14079 (August 3, 2022) that federally protected...more

The End of the COVID-19 Public Health Emergency: Moving Forward to Reestablishing Rules and Standards

The Biden Administration has announced that the federal Public Health Emergency (PHE) for COVID-19 will expire at the end of the day on May 11, 2023. During the COVID-19 PHE, the Centers for Medicare & Medicaid Services (CMS)...more

Widespread COVID-19 Testing Required to Lift Social Distancing Restrictions, But Supply and Timing Challenges Persist

On April 14, 2020, Governor Gavin Newsom announced six indicators that must be met before he will consider modifying California's statewide stay-at-home order. The first, and arguably most important, indicator is "the ability...more

First Guilty Plea Under 2018 Eliminating Kickbacks in Recovery Act

The first guilty plea under The Eliminating Kickbacks in Recovery Act (EKRA) may come as a surprise to many in the lab industry hoping federal authorities would not enforce the new criminal statute until after Congress...more

Sprint Regulations: EHR and Cybersecurity Proposals

Consistent with the Administration’s broader effort to reduce regulatory burdens within the healthcare industry, the Sprint Regulations include proposals designed to remove barriers to the widespread adoption of cybersecurity...more

Lights, Camera, Action!: HIPAA Enforcement for Camera Crews on Hospital Premises

HIPAA and 15-minutes-of-fame are not compatible. In September 2018, the federal Department of Health and Human Services, Office for Civil Rights (“OCR”) announced that it had reached settlements with Boston Medical Center...more

Changes to the “Two-Midnight Rule” on the Horizon

On July 1, CMS published proposed changes to the so-called “Two-Midnight Rule,” which currently governs when inpatient hospital admissions are entitled to Medicare Part A payment. The proposed changes were announced in a...more

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