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Key Health Care Issues to Track in 2025 in the Carolinas

Following a year of significant regulatory changes and market realignments, the health care landscape in North and South Carolina continues to undergo significant transformation driven by federal policy shifts, state...more

Insights from a Recent Court Decision

The Eliminating Kickbacks in Recovery Act (EKRA), 18 U.S.C. § 220, is a criminal statute that prohibits knowingly and willfully soliciting or receiving remuneration for referring patients to recovery homes, clinical treatment...more

New Stark Law and Anti-Kickback Statute Physician Wellness Program Exception

The Physician Self-Referral Law (the “Stark Law”) and Anti-Kickback Statute (“AKS”) are two of the most prominent healthcare fraud and abuse laws in the United States. The Stark Law and AKS have been in place for many years...more

FDA Collaborates with MITRE to update Medical Device Cybersecurity Playbook

On November 14, 2022, under contract with the United States Food and Drug Administration (FDA), the MITRE Corporation (MITRE), an organization that administers the National Cybersecurity Center of Excellence, a federally...more

FDA Final Rules Allows Over The Counter Hearing Aids

On August 17, 2022, the U.S. Food and Drug Administration (FDA) issued a final rule (the “Rule”) that enables adult consumers (18 years of age or older) with perceived mild to moderate hearing impairment to purchase certain...more

Eliminating Kickbacks in Recovery Act (EKRA) Updates

On October 24, 2018, Congress enacted the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, (the “SUPPORT Act”). Section 1822 of the SUPPORT Act contains the...more

CMS Publicly Releases New Hospital and Nursing Home Ownership Data

On April 20, 2022, the Centers for Medicare & Medicaid Services (CMS) released new data on Medicare-enrolled hospitals and nursing homes that merged, consolidated, became acquired, or had changes of ownership from 2016 to...more

Federal Enforcement Actions Against Clinical Laboratories

As in the previous fiscal year, we expect the federal government to direct much of its fraud and abuse law enforcement activities at the health care industry. The federal government has many civil, criminal, and...more

HHS Withdraws Policy Concerning Laboratory Developed Tests | FDA Updates Certain COVID-19 Test Policies and Review Prioritization

As the COVID-19 pandemic progressed, the U.S. Food and Drug Administration (FDA) sought to provide timely guidance to the relevant stakeholders to support continuity and response efforts. Notwithstanding, on August 19, 2020,...more

CMS Reinforces Certain EMTALA Obligations

On September 17, 2021, the Department of Health and Human Services (HHS) Secretary Xavier Becerra announced a three-pronged response from HHS following Texas’ passage of SB 8, which is a law that became effective on September...more

The FDA Revokes EUAs for Decontamination Systems and Non-NIOSH-Approved Respirators (i.e., KN95 Respirators)

Since early last year, the United States Food and Drug Administration (FDA) issued several Emergency Use Authorizations (EUAs) for personal protective equipment (PPE) products to address concerns about their availability...more

The FDA issues Report Regarding its Oversight Activities

The U.S. Food and Drug Administration (FDA) has faced many operational challenges during the COVID-19 pandemic. Early on, the FDA temporarily postponed routine surveillance facility inspections, conducting mission-critical...more

Top Ten Health Care Issues to Follow in the Carolinas in 2021

2020 was an historical year in the health care industry with the global COVID-19 pandemic being the most impactful issue for most of the year. As we enter 2021, we are tracking the following issues which will have an impact...more

Federal Agencies Warn Health Care and Public Health Sector of Ransomware Threat

As hospitals and healthcare providers/systems (collectively, “Healthcare Providers”) across the nation have been reacting to spiking COVID-19 cases, an increased, imminent cybercrime threat targeting Healthcare Providers has...more

Considerations for Private Equity and Venture Capital Groups Interested in the Health Care Industry

Health care spending in the United States reached $3.6 trillion in 2018 and is projected to reach $6.2 trillion by 2028. With such a large amount of money concentrated in the health care industry, it is no wonder why private...more

Provider Relief Fund Overpayments:"Reverse" False Claims Considerations

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. On April 24, 2020, the President signed into law the Paycheck Protection Program and Health Care Enhancement...more

FDA Revises its Enforcement Policy for Respirators During the COVID-19 Public Health Emergency

Over the past several months, the United States Food and Drug Administration (FDA) has issued several guidance documents and guidelines to regulate the importation and distribution of respirators for medical purposes during...more

Stem Cell Recall and Legal Risks

A recent nationwide recall of a series of non-Food and Drug Administration (FDA)-approved stem cell products that have infected at least 12 patients has raised serious questions concerning legal exposure to providers that use...more

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