Holland & Hart - Health Law Blog

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Phone: 303.295.8000
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Robert Ayers

OSHA’S New ETS: Are Public Hospitals Covered?

OSHA’s new healthcare emergency temporary standard (ETS) does not specifically exclude state and local healthcare systems, such as county hospitals. However, pursuant to Section 3(5) of the OSH Act, “any State or political… more

Coronavirus/COVID-19, Health Care Providers, Healthcare, Hospitals, OSHA

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Bradley Cave

Healthcare Employers Spared Burden of FFCRA By Last Minute DOL Guidance

The Families First Coronavirus Response Act created a bizarre contradiction for healthcare employers. While hospitals, clinics and other patient care providers worked under great strain to care for patients, with COVID-19 and… more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Health Care Providers

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J. Malcolm DeVoy

New Stark and Anti-Kickback Statute Comparisons

On November 20, 2020, CMS and the OIG published their much anticipated amendments to the federal Stark and Anti-Kickback laws. As summarized in our recent client alert, the changes open the door to value-based contracting with… more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), OIG, Proposed Amendments, Stark Law

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Kristy Kimball

Minors' Ability to Consent to Medical Treatment Under Utah Law

Medical providers are sometimes faced with the difficult scenario of a minor (under 18 years of age) requesting medical or mental health treatment without a parent's or legal guardian's consent. This situation often arises in… more

Birth Control, Consent, Contraceptives, Family Planning Clinics, Health Care Providers

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Eric Maxfield

What Healthcare Providers Need to Know About EKRA

In October 2018, the President signed the SUPPORT for Patients and Communities Act, a portion of which is known as the “Eliminating Kickbacks in Recovery Act of 2018” or “EKRA.” EKRA, aimed at the ongoing opioid crisis, is meant… more

Anti-Kickback Statute, Clinical Laboratories, Drug Treatment, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Health Care Providers

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Cameron McCue

Supreme Court Restores the EMTALA Exception to Idaho’s Abortion Ban for Now

On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA cases… more

Abortion, Department of Health and Human Services (HHS), Department of Justice (DOJ), EMTALA, Preliminary Injunctions

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Claire Rosston

Despite Increased Awareness and Employee Training, Ransomware Is Still the Healthcare Industry's No. 1 Threat

Ransomware accounted for more than 1 in 10 healthcare data breaches reported to the government during the last three years, according to analysis by Bloomberg Law. Cybercriminals capitalize on lack of employee training by… more

Data Breach, Employee Training, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Healthcare Facilities

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Nicole Snyder

Want to Hire an Employee Subject to a Noncompete Agreement?

As the healthcare industry grows, and at a time when unemployment is low, it can be very frustrating to find potential employee candidates who are bound by noncompete agreements with current or former employers. Originally… more

Employment Contract, Hiring & Firing, Job Applicants, Job Descriptions, Non-Compete Agreements

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Kim Stanger

Federal Court Vacates HIPAA Reproductive Health Rule

As anticipated, a Texas federal district court has vacated the HIPAA Reproductive Health Rule (the “Rule”) nationwide. (Memorandum Opinion and Order, Purl v. HHS, 2:24-CV-228-Z (N. Dist. Tex (Jun. 18, 2025), available here)… more

Appeals, Biden Administration, Constitutional Challenges, Department of Health and Human Services (HHS), Health Care Providers

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Cory Talbot

CMS Issues DRAFT Guidance for Hospital Co-location with Other Hospitals or Healthcare Facilities

Earlier this month, the Centers for Medicare & Medicaid Services (“CMS”) issued draft “Guidance for Hospital Co-location with Other Hospitals or Healthcare Facilities” (the “Draft Guidance”) intended to change earlier CMS… more

Centers for Medicare & Medicaid Services (CMS), Draft Guidance, EMTALA, Health Care Providers, Healthcare Facilities

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Little West

Prepare for Changes Under New Mexico Senate Bill 152

On April 5, 2021, the Governor of New Mexico signed Senate Bill 152 (SB152) into law. SB 152 amends the Continuing Care Act (Section 24-17-4 NMSA 1978, (the Act) to address issues that have arisen involving the solvency of… more

Continuing Care Retirement Communities, Disclosure Requirements, Long-Term Care

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