Author Info for Morgan Lewis - Health Law Scan

Meredith Auten

CMS Publishes Final Rule for Minimum Staffing Standards for Long-Term Care Facilities

The Centers for Medicare & Medicaid Services (CMS) published its Final Rule today to implement a minimum staffing “floor” for nursing homes in the United States, as first announced on April 22. The Final Rule, which as proposed… more

Centers for Medicare & Medicaid Services (CMS), Final Rules, Health Care Providers, Long Term Care Facilities, Long-Term Care

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Laurie Burlingame

Get Ready, Set, and Go to the JPM Healthcare Conference

As Prescribed and Health Law Scan subscribers know that the end of the holidays means the annual J.P. Morgan (JPM) Healthcare Conference is only days away. To make the most of the 2024 conference and conference-adjacent… more

Biotechnology, Investors, Life Sciences, Pharmaceutical Industry, Research and Development

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Beverly Dale

US Government Cracks Down on Alleged Misuse of US Funded Research by Chinese Scholars, Students

US government–funded academic medical centers and other research institutions are caught between traditional values of academic freedom, collaboration, and nondiscrimination and their obligations to comply with US law and… more

China, Health Care Providers, Medical Research, Research Funding

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Tinos Diamantatos

DOJ and OIG Warn Against Fraud Schemes Related to COVID-19 Pandemic

In managing the quickly evolving healthcare landscape during this current crisis, healthcare companies should be wary of fraudsters who attempt to divert critical resources… more

Coronavirus/COVID-19, Fraud, Medical Supplies, Personal Protective Equipment, Risk Mitigation

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John Dodds

DOJ and OIG Warn Against Fraud Schemes Related to COVID-19 Pandemic

In managing the quickly evolving healthcare landscape during this current crisis, healthcare companies should be wary of fraudsters who attempt to divert critical resources… more

Coronavirus/COVID-19, Fraud, Medical Supplies, Personal Protective Equipment, Risk Mitigation

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Roshni Edalur

Affordable Care Act Section 1557 New Language Accessibility Requirements

Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain healthcare activities. Among other requirements, all healthcare providers… more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Civil Rights Act, Department of Health and Human Services (HHS), Health Care Providers

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Gregory Etzel

Don’t Wait to Review CMS’s Proposal to Implement Minimum Managed Care Appointment Wait Times

The Centers for Medicare & Medicaid Services (CMS) proposed on April 23, 2023 two rules that would affect Medicaid managed care: Ensuring Access to Medicaid Services (CMS 2442-P) and Medicaid and Children’s Health Insurance… more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Health Care Providers, Managed Care Contracts, MCOs

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Allison Fepelstein

CMS Advances Price Transparency with Rules for Hospitals and Insurers

CMS has released a pair of rules “that take historic steps to increase price transparency to empower patients and increase competition among all hospitals, group health plans and health insurance issuers in the individual and… more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare Reform, Hospitals, Price Transparency

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Suzanne Filippi

Get Ready, Set, and Go to the JPM Healthcare Conference

As Prescribed and Health Law Scan subscribers know that the end of the holidays means the annual J.P. Morgan (JPM) Healthcare Conference is only days away. To make the most of the 2024 conference and conference-adjacent… more

Biotechnology, Investors, Life Sciences, Pharmaceutical Industry, Research and Development

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Kirstin Gibbs

How Does Climate Change Affect the Healthcare Industry?

The US Department of Health and Human Services recently announced the establishment of the Office of Climate Change and Health Equity (OCCHE). Noting that the OCCHE is “the first office of its kind at the national level to… more

Air Pollution, Climate Change, Department of Health and Human Services (HHS), Greenhouse Gas Emissions, Hospitals

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Kristin Hadgis

2024 Year-End Recap of California Consumer Privacy Act Activity

First passed into law in 2018, the California Consumer Privacy Act (CCPA) received its first major update in 2020 by way of the California Privacy Rights Act (CPRA), through which the California Privacy Protection Agency (CPPA)… more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity

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Jacob Harper

Ninth Circuit Ruling Confirms Strength of the Eliminating Kickbacks in Recovery Act

Since its enactment in 2018, the Eliminating Kickbacks in Recovery Act (EKRA) has rapidly gained momentum as a powerful tool against healthcare kickbacks. By 2020, the US Department of Justice (DOJ) had already secured its first… more

Anti-Kickback Statute, Appellate Courts, Department of Justice (DOJ), Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Enforcement Actions

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Alborz Hassani

Illinois Supreme Court Holds Healthcare Employee Fingerprint Data Exempt from BIPA

In the first win for defendants facing Illinois Biometric Information Privacy Act (BIPA) litigation before the Illinois Supreme Court, the Court in Mosby v. Ingalls Memorial Hospital held that BIPA excludes from its protections… more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Fingerprints

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Douglas Hastings

How Does Climate Change Affect the Healthcare Industry?

The US Department of Health and Human Services recently announced the establishment of the Office of Climate Change and Health Equity (OCCHE). Noting that the OCCHE is “the first office of its kind at the national level to… more

Air Pollution, Climate Change, Department of Health and Human Services (HHS), Greenhouse Gas Emissions, Hospitals

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Elizabeth Herrington

Illinois Supreme Court Holds Healthcare Employee Fingerprint Data Exempt from BIPA

In the first win for defendants facing Illinois Biometric Information Privacy Act (BIPA) litigation before the Illinois Supreme Court, the Court in Mosby v. Ingalls Memorial Hospital held that BIPA excludes from its protections… more

Biometric Information, Biometric Information Privacy Act, Data Collection, Data Privacy, Fingerprints

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Yunica Jiang

OIG Issues Telehealth Special Fraud Alert on the Heels of DOJ Takedown

The recent increase in use of telehealth as a care modality has been important to patients and providers alike, with significant benefits for public health. However, with the growing mainstream acceptance of virtual care, the US… more

Department of Justice (DOJ), Enforcement Actions, Health Care Providers, Healthcare Fraud, OIG

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Zachary Johns

Antitrust Enforcers Rachet Up Scrutiny of Private Equity and Labor Issues in Healthcare – Health Law Scan

Federal antitrust enforcers at the US Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to take an aggressive stance in healthcare. Two recent developments underscore the trend… more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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Ryan Kantor

Antitrust Enforcers Rachet Up Scrutiny of Private Equity and Labor Issues in Healthcare – Health Law Scan

Federal antitrust enforcers at the US Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to take an aggressive stance in healthcare. Two recent developments underscore the trend… more

Antitrust Division, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act

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Kayla Stachniak Kaplan

Courts Diverge in Challenges to CMS's Minimum Staffing Requirements for LTC Facilities

On May 10, 2024, the Centers for Medicare and Medicaid Services (CMS) published its Final Rule to implement minimum staffing standards for long-term care (LTC) facilities in the United States. However, as discussed in our prior… more

Administrative Procedure Act, Appeals, Centers for Medicare & Medicaid Services (CMS), Final Rules, Healthcare Facilities

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Bryan Killian

Falling Stars Ratings in Medicare Advantage Lead to Meteoric Payment Losses

The enormous impact of Medicare Stars Ratings on payments received by Medicare Advantage plans cannot be overstated. And with billions of dollars in bonus payments at stake, it may come as no surprise that stringent standards… more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare, Medicare Advantage, Medicare Advantage Organizations (MAOs)

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Rachel Lamparelli

OIG’s Advisory Opinion No. 25-08: Negative Opinion Highlights Potential Broad Reach of AKS

In a relatively rare move, the US Department of Health and Human Services Office of Inspector General (OIG) recently issued an unfavorable Advisory Opinion (No. 25-08) (Opinion) reinforcing the agency’s expansive view of the… more

Advisory Opinions, Anti-Kickback Statute, Department of Health and Human Services (HHS), Fraud and Abuse, Health Care Providers

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John Lavelle, Jr.

Additional PREP Act Amendments Accommodate Vaccination Administration Needs

Given the significant push to vaccinate the public since the start of 2021, the increasing availability of vaccines, and the need to recruit additional personnel to administer vaccinations, the secretary of the US Department of… more

ACIP, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Workers

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Mark Lazaroff

How Does Climate Change Affect the Healthcare Industry?

The US Department of Health and Human Services recently announced the establishment of the Office of Climate Change and Health Equity (OCCHE). Noting that the OCCHE is “the first office of its kind at the national level to… more

Air Pollution, Climate Change, Department of Health and Human Services (HHS), Greenhouse Gas Emissions, Hospitals

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Michael Madderra

Affordable Care Act Section 1557 New Language Accessibility Requirements

Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain healthcare activities. Among other requirements, all healthcare providers… more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Civil Rights Act, Department of Health and Human Services (HHS), Health Care Providers

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Amy Magnano

Affordable Care Act Section 1557 New Language Accessibility Requirements

Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain healthcare activities. Among other requirements, all healthcare providers… more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Civil Rights Act, Department of Health and Human Services (HHS), Health Care Providers

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B. Scott McBride

OIG Approves Consultant’s Provision of Gift Cards to Physician Practices

The US Department of Health and Human Services Office of Inspector General (OIG) published favorable Advisory Opinion No. 23-15 on January 3, which concluded that a consultant’s proposal to provide gift cards to existing… more

Anti-Kickback Statute, Client Referrals, Department of Health and Human Services (HHS), Gift-Cards, Health Care Providers

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Ryan McCarthy

OIG Issues Telehealth Special Fraud Alert on the Heels of DOJ Takedown

The recent increase in use of telehealth as a care modality has been important to patients and providers alike, with significant benefits for public health. However, with the growing mainstream acceptance of virtual care, the US… more

Department of Justice (DOJ), Enforcement Actions, Health Care Providers, Healthcare Fraud, OIG

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Scott Memmott

Ninth Circuit Ruling Confirms Strength of the Eliminating Kickbacks in Recovery Act

Since its enactment in 2018, the Eliminating Kickbacks in Recovery Act (EKRA) has rapidly gained momentum as a powerful tool against healthcare kickbacks. By 2020, the US Department of Justice (DOJ) had already secured its first… more

Anti-Kickback Statute, Appellate Courts, Department of Justice (DOJ), Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Enforcement Actions

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Sydney Menack

Courts Diverge in Challenges to CMS's Minimum Staffing Requirements for LTC Facilities

On May 10, 2024, the Centers for Medicare and Medicaid Services (CMS) published its Final Rule to implement minimum staffing standards for long-term care (LTC) facilities in the United States. However, as discussed in our prior… more

Administrative Procedure Act, Appeals, Centers for Medicare & Medicaid Services (CMS), Final Rules, Healthcare Facilities

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Kenneth Nunnenkamp

CFIUS Issues Final Regulations Under FIRRMA: Healthcare Industry

On January 13, the Committee on Foreign Investment in the United States (CFIUS) published the final rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA)… more

CFIUS, Covered Transactions, Critical Infrastructure Sectors, Cross-Border Transactions, Final Rules

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Vincent Papa

FTC Votes to Rescind Vertical Merger Guidelines, No Replacement Announced

The US Federal Trade Commission (FTC) recently voted to withdraw its approval of the Vertical Merger Guidelines (the 2020 VMGs), which, as we covered in the past, the FTC and Department of Justice (DOJ) issued over a year ago on… more

Antitrust Provisions, Competition, Department of Justice (DOJ), Federal Trade Commission (FTC), Merger Controls

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Eleanor Pelta

Federal Court Temporarily Blocks Health Insurance Requirement for Immigrant Visa Applicants

The US District Court for the District of Oregon on November 2 issued a temporary restraining order (TRO) to block the new health insurance requirement for immigrant visa applicants from taking effect on November 3, 2019. As… more

Foreign Nationals, Health Insurance, Immigration Procedures, Restraining Orders, Visa Applications

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Ulises Pin

CFIUS Issues Final Regulations Under FIRRMA: Healthcare Industry

On January 13, the Committee on Foreign Investment in the United States (CFIUS) published the final rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA)… more

CFIUS, Covered Transactions, Critical Infrastructure Sectors, Cross-Border Transactions, Final Rules

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Jeffrey Raskin

Consider Enhancing Cyberliability Insurance Policies to Align with CCPA: Part 2

Our prior post discussed three potential enhancements to cyber-related liability insurance policies designed to maximize their potential responsiveness to actions initiated by consumers or the state attorney general under the… more

California Consumer Privacy Act (CCPA), Cyber Attacks, Cyber Insurance, Cybersecurity, Personally Identifiable Information

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Sydney Reed

CARES Act Distribution of $35 Billion for Safety Net/Medicaid and CHIP Providers – HHS Attempt to Level the Playing Field

Congressional stimulus packages appropriated $175 billion in relief funds under the CARES Act and the Paycheck Protection Program and Health Care Enhancement Acts for the benefit of hospitals and other healthcare providers in… more

Children's Health Insurance Program (CHIP), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities

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Amanda Robinson

DOJ and OIG Warn Against Fraud Schemes Related to COVID-19 Pandemic

In managing the quickly evolving healthcare landscape during this current crisis, healthcare companies should be wary of fraudsters who attempt to divert critical resources… more

Coronavirus/COVID-19, Fraud, Medical Supplies, Personal Protective Equipment, Risk Mitigation

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Albert Shay

OIG Approves Consultant’s Provision of Gift Cards to Physician Practices

The US Department of Health and Human Services Office of Inspector General (OIG) published favorable Advisory Opinion No. 23-15 on January 3, which concluded that a consultant’s proposal to provide gift cards to existing… more

Anti-Kickback Statute, Client Referrals, Department of Health and Human Services (HHS), Gift-Cards, Health Care Providers

See all updates »

Angela Silva

Ninth Circuit Ruling Confirms Strength of the Eliminating Kickbacks in Recovery Act

Since its enactment in 2018, the Eliminating Kickbacks in Recovery Act (EKRA) has rapidly gained momentum as a powerful tool against healthcare kickbacks. By 2020, the US Department of Justice (DOJ) had already secured its first… more

Anti-Kickback Statute, Appellate Courts, Department of Justice (DOJ), Eliminating Kickbacks in Recovery Act of 2018 (EKRA), Enforcement Actions

See all updates »

Eric Sitarchuk

DOJ and OIG Warn Against Fraud Schemes Related to COVID-19 Pandemic

In managing the quickly evolving healthcare landscape during this current crisis, healthcare companies should be wary of fraudsters who attempt to divert critical resources… more

Coronavirus/COVID-19, Fraud, Medical Supplies, Personal Protective Equipment, Risk Mitigation

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Sydney Swanson

OIG Advisory Opinion: Free Hearing Aids from Cochlear Implant Maker Could Violate Fraud and Abuse Laws

The US Department of Health and Human Services Office of Inspector General (OIG) posted on October 25, 2023 Advisory Opinion No. 23-08, in which OIG rejected a proposed arrangement from a cochlear implant device manufacturer… more

Ambulatory Surgery Centers, Anti-Kickback Statute, Health Care Providers, Healthcare Facilities, Hospitals

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Daniel Tehrani

DOJ and OIG Warn Against Fraud Schemes Related to COVID-19 Pandemic

In managing the quickly evolving healthcare landscape during this current crisis, healthcare companies should be wary of fraudsters who attempt to divert critical resources… more

Coronavirus/COVID-19, Fraud, Medical Supplies, Personal Protective Equipment, Risk Mitigation

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Carl Valenstein

CFIUS Issues Final Regulations Under FIRRMA: Healthcare Industry

On January 13, the Committee on Foreign Investment in the United States (CFIUS) published the final rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA)… more

CFIUS, Covered Transactions, Critical Infrastructure Sectors, Cross-Border Transactions, Final Rules

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Catherine Wang

Tele-Tuesday: Updates to the FCC’s Rural Health Care Program Focus on Telehealth Development

Coming on the heels of the FCC’s recently proposed $100 million Connected Care Program to fund telehealth-based connections between healthcare providers and patients, and continuing its recognition of the critical role… more

Digital Health, FCC, Health Care Providers, Rural Health Care Program, Rural Health Care Providers

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Tesch Leigh West

Mass. USAO Focuses on Healthcare Fraud in Private Equity Investments, Broker Arrangements at Annual Conference

On May 8, 2025, the Boston Bar Association hosted its annual White Collar Crime Conference, a reoccurring theme of which was the recognition of changing times, while also maintaining that the core principles of criminal and… more

Anti-Kickback Statute, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Government Agencies

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Phillip Wiese

2024 Year-End Recap of California Consumer Privacy Act Activity

First passed into law in 2018, the California Consumer Privacy Act (CCPA) received its first major update in 2020 by way of the California Privacy Rights Act (CPRA), through which the California Privacy Protection Agency (CPPA)… more

California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity

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Jonathan York

OIG’s Advisory Opinion No. 25-08: Negative Opinion Highlights Potential Broad Reach of AKS

In a relatively rare move, the US Department of Health and Human Services Office of Inspector General (OIG) recently issued an unfavorable Advisory Opinion (No. 25-08) (Opinion) reinforcing the agency’s expansive view of the… more

Advisory Opinions, Anti-Kickback Statute, Department of Health and Human Services (HHS), Fraud and Abuse, Health Care Providers

See all updates »

Howard Young

Courts Diverge in Challenges to CMS's Minimum Staffing Requirements for LTC Facilities

On May 10, 2024, the Centers for Medicare and Medicaid Services (CMS) published its Final Rule to implement minimum staffing standards for long-term care (LTC) facilities in the United States. However, as discussed in our prior… more

Administrative Procedure Act, Appeals, Centers for Medicare & Medicaid Services (CMS), Final Rules, Healthcare Facilities

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Morgan Lewis - Health Law Scan

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