President Trump’s Executive Order (EO) 14187, “Protecting Children from Chemical and Surgical Mutilation,” represents a significant shift in federal policy regarding gender-affirming care (GAC) for minors....more
4/17/2025
/ Constitutional Challenges ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Federal Funding ,
Gender Identity ,
Hospitals ,
Medicaid ,
Medicare ,
Minors ,
Popular ,
Preliminary Injunctions ,
Trump Administration
With 2025 underway, the AFS Health Care team highlights some of the most pressing legal issues facing the health care industry this year....more
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
8/15/2023
/ Advisory Opinions ,
Algorithms ,
Anti-Kickback Statute ,
Federal Health Care Programs (FHCP) ,
Fees ,
Fraud and Abuse ,
Health Care Providers ,
Health Technology ,
Kickbacks ,
Medicaid ,
Medicare ,
OIG
The recently passed Consolidated Appropriations Act (CAA) of 2023 includes a new Stark Law exception and Anti-Kickback Statute (AKS) safe harbor, allowing hospitals and other health care entities to offer their physicians...more
6/13/2023
/ Anti-Kickback Statute ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Healthcare ,
Hospitals ,
Medicare ,
Mental Health ,
Physicians ,
Safe Harbors ,
Stark Law ,
Wellness Programs
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
6/6/2023
/ CARES Act ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
DEA ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medicare ,
OCR ,
Public Health Emergency ,
Regulatory Agenda ,
Reimbursements ,
SAMHSA ,
Telehealth
In Advisory Opinion 22-17, the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) concluded that a proposed restructuring of a loan and other contractual relationships between a health system...more
9/30/2022
/ Anti-Kickback Statute ,
Debt Restructuring ,
Department of Health and Human Services (HHS) ,
Electronic Medical Records ,
Federal Health Care Programs (FHCP) ,
HRSA ,
Liens ,
Master Service Agreement ,
Medicaid ,
Medicare ,
OIG ,
Patient Referrals ,
Quality of Care Standards ,
Regulatory Oversight ,
Safe Harbors
In a newly filed lawsuit against the State of Idaho, the federal government argues that Idaho’s “near-total ban on abortion,” scheduled to take effect on August 25, 2022, overreaches by prohibiting abortion even where federal...more
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
4/27/2022
/ American Medical Association ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Hospitals ,
Labor Shortage ,
Medicare ,
Physicians ,
Public Health Emergency ,
Remuneration ,
Stark Law ,
Work-Induced Stress