Intravenous (IV) hydration therapy is becoming more and more popular in the United States, and South Carolina is no exception. For those unfamiliar with the business model, IV hydration therapy services involve the offering...more
In September 2021, Nexsen Pruet published an article titled “The Future of DHEC Still Pending at the General Assembly?” Now two years later, S. 399—a bill that would split and splinter South Carolina’s largest state agency...more
Hosts Matthew and Tina welcome their colleagues, Maynard Nexsen health care attorneys Jennifer Hollingsworth and Ralph Barbier, for a deep dive into the changing regulatory framework shaping the public and private sectors of...more
On February 24, 2023, the Drug Enforcement Administration (DEA) proposed rules addressing the prescribing of controlled substances via telemedicine upon the scheduled end of the COVID-19 Public Health Emergency (PHE) on May...more
In some ways not surprising given the amount of attention South Carolina’s Certificate of Need (“CON”) laws received during the last session of the General Assembly, but at the same time long overdue—the state agency...more
As we shared in Part One on this topic [link], in late July of this year the Department of Health and Human Services Office of Inspector General (OIG) released a Special Fraud Alert regarding “Telemedicine Companies” that...more
On July 20, 2022, the Department of Health and Human Services Office of Inspector General (OIG) released a Special Fraud Alert addressing problematic arrangements observed to date following dozens of fraud investigations...more
As of the end of the legislative session last month, the strong effort to repeal the Certificate of Need Program—CON is the regulatory program by which providers of important healthcare services must first submit an...more
On Episode 98 of Taking the Pulse, Nexsen Pruet attorneys Ralph Barbier and Jennifer Hollingsworth dive in to the history and the tentative future of Certificate of Need programs across the nation and in South Carolina....more
Among the matters that made it across the South Carolina State House this legislative session is Senate Bill 2 (S 2), a piece of legislation Ralph Barbier and I wrote about last fall (here). S 2 proposes the elimination of...more
It has been one year since the Hospital Price Transparency Rule went live, and word on the street is the Centers for Medicare & Medicaid Services (CMS) is not happy with the “sub-optimal” compliance by hospitals, as evidenced...more
The Federal Trade Commission (“FTC”) flexed its regulatory authority over merger deals with a new policy announced October 25, 2021, requiring prior approval provisions in divestiture orders going forward—a significant albeit...more
As the Charleston Post and Courier reported on September 11 in an in-depth article by Avery Wilks, employees at the South Carolina Department of Health and Environmental Control (DHEC) have been and continue to be under...more
The litigation of disputes in the Administrative Law Court is unique in many ways from the other venues in which litigation occurs in South Carolina. The Administrative Law Court (ALC) falls under the Execute Branch of state...more
No stranger to scrutiny, the State’s largest administrative agency was the subject of legislation in both chambers with support from both parties that proposed massive changes to the South Carolina Department of Health and...more
Finally, it’s the dawn of a new day, and one that’s been a long time coming. COVID-19 vaccinations are being administered in impressive numbers across the country. In South Carolina, vaccines will be available this week to...more
As of December 1, the Centers for Medicare & Medicaid Services (CMS) has permanently expanded the number of telehealth services available to Medicare beneficiaries and enrollees as part of the FY2021 Medicare Physician Fee...more
On March 13, 2020, in accordance with Sections 1-3-420 and 25-1-440 of the South Carolina Code of Laws, as amended, Governor Henry McMaster declared a state of emergency due to the public health emergency caused by the 2019...more