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Implications of New Federal Immigration Policies for Health Care Facilities, Part 2: Patient Privacy Concerns

On January 20, the US Department of Homeland Security (DHS) rescinded 2021 guidelines that previously designated hospitals, clinics, and other health care facilities as “protected areas” and limited immigration enforcement...more

FDA Announces End to Semaglutide Shortage, Impacting Compounders and Telehealth Providers Offering Injectable GLP-1 Drugs

Last week, the US Food and Drug Administration (FDA) announced the end of a years-long shortage of semaglutide injection products — a popular glucagon-like peptide 1 (GLP-1) weight loss and diabetes medication. As a result,...more

HIPAA Reproductive Privacy Rule Takes Effect Amid Legal and Political Uncertainties

As of December 23, health care providers, health plans, and health care clearinghouses (covered entities) and their business associates (collectively, regulated entities) must comply with new reproductive health care privacy...more

California Requires Disclaimers for Health Care Providers’ AI-Generated Patient Communications

In a significant move toward regulating artificial intelligence (AI) in health care, Assembly Bill (AB) 3030 will require health facilities, clinics, and physician practices in California to provide disclaimers to patients...more

California Governor Gives Private Equity and Hedge Funds a Reprieve From Attorney General Approval of Health Care Transactions

On September 28, California Governor Gavin Newsom vetoed Assembly Bill (AB) 3129. The proposed law sought to regulate health care transactions involving private equity and hedge funds. The veto avoids overlapping and...more

Providers Face HIPAA Compliance Questions After Change Healthcare Cyberattack

Who will notify the potentially millions of individuals whose information might have been jeopardized by the massive cyberattack on Change Healthcare? Since the affiliate of UnitedHealth Group (UHG) first reported the...more

Health Care Providers Navigate Fallout of Major Cyberattack on Change Healthcare

Change Healthcare, an affiliate of Optum and UnitedHealth Group, processes more than 15 billion health care transactions annually and touches one of every three patient records. On February 21, Change disconnected its...more

OIG Again Concludes That Online Health Care Provider Marketplace Does Not Violate Fraud and Abuse Laws

In Advisory Opinion No. 23-04, the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) analyzed certain proposed changes to the functionality of a health care technology company’s online...more

Telehealth Flexibilities Continue After End of COVID-19 Emergency

Telehealth experienced massive growth during the COVID-19 pandemic, due in no small part to various regulatory and reimbursement policies that federal agencies implemented following a declaration by the US Department of...more

DOJ Prosecutes Physician and Pharmaceutical Sales Representative for Criminal HIPAA Scheme

Most violations of the Health Information Portability and Accountability Act (HIPAA) are addressed through administrative enforcement action. But, in some circumstances of improper conduct affecting the privacy or security of...more

OIG Warns Health Care Practitioners About Fraud Schemes With Telemedicine Companies in Special Fraud Alert

On July 20, 2022, the HHS Office of Inspector General (OIG) issued a Special Fraud Alert cautioning physicians and other health care practitioners to use “heightened scrutiny” when entering into telemedicine arrangements that...more

Disclosing Patient Information in Responses to Online Reviews: Recent OCR Enforcement Action Is a Cautionary Tale

The HHS Office for Civil Rights (OCR) recently imposed a $50,000 civil monetary penalty on a dental practice that disclosed patient-identifying information in response to a negative online review. The case is a reminder that...more

HHS COVID-19 Public Health Emergency Persists as California COVID-19 Policies Are Set To Expire

The US Department of Health and Human Services’ (HHS) declaration that COVID-19 remains a public health emergency (PHE) will continue through July 15, 2022, and is expected to be renewed again through October 13, 2022....more

Providing Remuneration to Address Physician Burnout: Stark Law Considerations

Hospitals and Other Providers Should Make Sure Any Items or Services of Value That They Provide to Their Referring Physicians To Alleviate Burnout Comply With the Stark Law - Amidst the ongoing labor market shortages and...more

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