On May 3, 2023, the South Carolina General Assembly passed S.164 which overhauled the state’s Certificate of Need (CON) law. The bill was signed by Governor McMaster on May 16, 2023 and is now in effect....more
The Secretary of the Department of Health and Human Services (“Secretary”) issued a letter to healthcare providers ("Letter") and associated guidance on July 11, 2022, reminding applicable providers of their EMTALA...more
7/13/2022
/ Abortion ,
Biden Administration ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
EMTALA ,
Executive Orders ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Patient Access ,
Policy Statement ,
Preemption ,
Pregnancy ,
Reproductive Healthcare Issues ,
SCOTUS ,
Women's Rights
Following the U.S. Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, the South Carolina Fetal Heartbeat Law (“Heartbeat Law”) went into effect on June 27, 2022. This alert summarizes the core provisions...more
6/29/2022
/ Abortion ,
Criminal Liability ,
Dobbs v. Jackson Women’s Health Organization ,
Equal Protection ,
First Amendment ,
Healthcare ,
Human Rights ,
Patient Access ,
Pregnancy ,
Preliminary Injunctions ,
Rape ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Women's Rights
After hearing oral arguments on Jan. 7, 2022, yesterday the Supreme Court issued two opinions regarding the Occupational Safety and Health Administration (“OSHA”) emergency temporary standards and Centers for Medicare &...more
1/14/2022
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Centers for Medicare and Medicaid (CMS) released a new Interim Final Rule (IFR)[1] on Nov. 4, 2021 that requires certain healthcare staff at facilities that participate in the Medicare and Medicaid programs to receive the...more
On November 5, 2021, the Centers for Medicare & Medicaid Services (CMS), a division of the Department of Health and Human Services, published its Omnibus COVID-19 Health Care Staff Vaccination requirements that most Medicare-...more
1. DHEC Announces Intent to Test All Nursing Home Staff & Residents for COVID-19 in May - On May 6, 2020, DHEC announced that it will test residents and staff members at every nursing home in the state for COVID-19. ...more
On April 10, 2020, the Board of Nursing and Board of Medical Examiners issued a joint order significantly loosening the APRN Practice Agreement and PA Scope of Practice Guidelines for certain specific circumstances in an...more
For the first 72 hours after a hospital institutes its disaster protocol for the COVID-19 emergency, HIPAA sanctions and penalties will be waived for:
- Failure to obtain a patient’s agreement to speak with family/friends...more
Due to the ongoing public health emergency related to the COVID-19 pandemic, South Carolina regulatory agencies have made multiple announcements regarding temporary waivers and expansion of services to aid healthcare...more
Alex Azar, Secretary of the U.S. Department of Health and Human Services (“HHS”), declared a public health emergency related to the coronavirus pandemic (“Emergency Declaration”) on January 31, 2020. ...more
3/23/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Co-Insured Issues ,
Controlled Substances ,
Coronavirus/COVID-19 ,
DEA ,
Department of Health and Human Services (HHS) ,
FaceTime ,
Medicare ,
OIG ,
Skype ,
Telehealth ,
Waivers
After years of review the federal government has issued proposed regulations for assessing Medicare Secondary Payer (MSP) reporting penalties. ...more