Congress has extended telehealth flexibilities through its recent federal spending bill, H.R. 1968, titled “Full-Year Continuing Appropriations and Extensions Act, 2025” (the Act). Notably for health care providers, among...more
There are still several unsettled legal issues regarding the standards applicable to a False Claims Act (FCA) claim, such as the standard to prove causation when an FCA claim is based on a violation of the Anti-Kickback...more
The Drug Enforcement Administration (DEA), in concert with other federal agencies, has taken various steps in the past few months to strengthen a practitioner’s ability to prescribe controlled substances via telemedicine, a...more
2/25/2025
/ Controlled Substances ,
DEA ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
Prescription Drugs ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Ryan Haight Act ,
Telehealth ,
Telemedicine
The Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), and the Department of Health and Human Services (HHS) (together the Agencies) launched a cross-government agency request for information...more
2/13/2025
/ Acquisitions ,
Antitrust Division ,
Competition ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Insurance ,
Healthcare ,
Hospitals ,
Mergers ,
Private Equity
Below is Part I of our New Jersey Regulatory Update focusing on regulations that were finalized in 2024 by various New Jersey agencies that impact healthcare. The final regulations range from additional transparency...more
1/30/2025
/ Continuing Education ,
Criminal Background Checks ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Final Rules ,
Health Care Providers ,
Healthcare ,
Licensing Rules ,
Medicaid ,
Mental Health ,
New Jersey ,
Nursing Homes ,
Regulatory Requirements ,
Reporting Requirements ,
Social Welfare Organizations
The federal government has made a variety of changes to federal requirements aimed at improving the quality of care at long-term care facilities across the country. In May 2024, the United States Department of Health and...more
1/9/2025
/ Centers for Medicare & Medicaid Services (CMS) ,
Compliance ,
Department of Health and Human Services (HHS) ,
Federal Funding ,
Final Rules ,
Health Care Providers ,
Healthcare Facilities ,
Long Term Care Facilities ,
Medicaid ,
Medicare ,
Nursing Homes ,
Quality of Care Standards ,
Regulatory Requirements
The Centers for Medicare & Medicaid Services (CMS), the Office of the National Coordinator for Health Information Technology (ONC), and thr Department of Health and Human Services (HHS) published 89 FR 51238 (the Final Rule),...more
The Master List for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) comes from a November 2019 final rule that created the list to serve as a library of items that have been identified as potential...more
On July 31, 2024, the Department of Health and Human Services (HHS) final rule, 89 FR 54662, establishing disincentives for certain healthcare providers that have committed information blocking, will become effective. This...more
Through its recent decision in Loper Bright Enterprises v. Raimondo, No. 22-451 (S. Ct. June 28, 2024), the US Supreme Court overturned the landmark decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.,...more
7/18/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Department of Health and Human Services (HHS) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Healthcare ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
Statutory Interpretation
Part II of our New Jersey Regulatory Update further identifies proposed and adopted regulations that may impact healthcare providers, from additional financial transparency rules impacting facilities to rules attempting to...more
5/10/2024
/ Child Care ,
Dental Practice ,
Department of Health and Human Services (HHS) ,
Disabilities ,
Financial Transactions ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Hospitals ,
Inpatient Rehab Facilities ,
Long Term Care Facilities ,
Medicaid ,
New Jersey ,
Pharmaceutical Industry ,
Pharmacist ,
Recordkeeping Requirements ,
Regulatory Standards ,
State Health Departments ,
Transparency
The contentious “Nursing Home Minimum Staffing Rule,” which sets minimum staffing requirements for federally funded long-term care facilities throughout the U.S., was finalized on April 22, 2024. The rule was initially...more
On April 22, 2024, the Department of Health and Human Services (HHS) announced a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy. The Final Rule strengthens the Health Insurance Portability...more
On April 4, 2024, a final rule published on February 2, 2024 (the Final Rule) went into effect that concerns medication for the treatment of opioid use disorder. The Final Rule, published by the Substance Abuse and Mental...more
New guidance released by the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) on April 1, 2024, clarified that hospitals will not be eligible for Medicare or Medicaid...more
4/11/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Conditions of Participation (CoP) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Healthcare ,
Hospitals ,
Informed Consent ,
Medical Examinations ,
Nurses ,
Pharmaceutical Industry ,
Physicians ,
Teaching Hospitals ,
Vaccinations
On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services updated its bulletin on the Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates. The...more
For the past month or longer, many providers have reported a significant impact on their revenue cycle due to the cyberattack on Change Healthcare, LLC. In light of that impact, the Centers for Medicare & Medicaid Services...more