The State of Healthcare Enforcement
Hospice Insights Podcast - Election Inspection: Be Proactive to Avoid Costly Election Statement Denials
Medicaid Cuts: Potential Challenges and Legal Implications for Long-Term Care Facilities — Assisted Living and the Law Podcast
False Claims Act Insights - How Payment Suspensions Can Impact FCA Litigation
Federal Court Strikes Down FDA Rule on LDTs - Thought Leaders in Health Law®
UPIC Audits
AGG Talks: Home Health & Hospice Podcast - Episode 8: Hospice Special Focus Program: Pumping the Brakes
Hospice Insights Podcast - Upping the Ante: Will CMS’s Enhanced Oversight Efforts Cause Hospices to Fold?
Podcast — Drug Pricing: What’s in the New CMS Medicaid Final Rule?
Hospice Insights Podcast - What a Difference No Deference Makes: Courts No Longer Bow to Administrative Agencies
Preparing for CMS Staffing Mandates — Assisted Living and the Law Podcast
Hospice Insights Podcast - Meet the New Laws, Same as the Old Laws: Overpayment Recoupment Update
Podcast — Drug Pricing: Takeaways From the Chicago Medicaid Drug Rebate Program Summit
Podcast — Drug Pricing: How the Demise of Chevron Deference and Other Litigation May Impact the Pharmaceutical Industry
The CMS Interoperability and Prior Authorization Rules
Podcast — Drug Pricing: How Are Payers Responding to the IRA?
Findings from Gibbins’ Annual Healthcare Bankruptcy Report
A Fond Farewell: Musings on the End of the Medicare Advantage Hospice Carve-In Demonstration
Video: Braidwood v. Becerra – Challenging the Affordable Care Act’s Preventive Services Coverage Provision – Thought Leaders in Health Law
Since the U.S. Supreme Court's June 2022 decision in Dobbs v. Jackson Women's Health Organization (Dobbs), hospitals and their emergency department (ED) clinicians in some states have faced significant uncertainty about their...more
On the evening of January 27, 2025, the Trump Administration’s Office of Management and Budget (OMB) issued a “Memorandum for Heads of Executive Departments and Agencies” titled, “Temporary Pause of Agency Grant, Loan, and...more
On June 30, 2023, the United States District Court for the Eastern District of Texas (the Court) granted the State of Texas’ preliminary injunction motion, enjoining CMS from implementing and enforcing its Informational...more
The vaccine mandates President Biden announced on September 9 have not aged well. Two are enjoined nationwide and a skeptical Supreme Court so undermined one that the government withdrew it, at least for the immediate future....more
Just when you didn’t think things could get any weirder, on Friday, January 21, 2022, the U.S. District Court for the Southern District of Georgia issued a ruling clarifying its prior EO 14042 injunction (currently on appeal...more
The Centers for Medicare & Medicaid Services has issued guidance and separate compliance deadlines for 24 of the 25 states in which the CMS vaccination mandate was enjoined before last week’s Supreme Court decision lifting...more
Immediately after blocking OSHA’s “shot or test” ETS, the Supreme Court held Thursday that the CMS vaccine mandate can be enforced by a 5-to-4 margin. This effectively removes the injunctions that had been blocking...more
This week, we look at the latest federal rules and guidance on vaccination policies, quarantine periods, and masking. Updated Status of Federal Vaccine Orders A very divided Supreme Court heard arguments last Friday...more
On Friday, January 07, 2022, the United States Supreme Court heard oral arguments on a rule promulgated by the Centers for Medicare & Medicaid Services (“CMS”) requiring healthcare workers at specific facilities participating...more
On December 28, 2021, CMS announced that it would resume enforcement of its COVID-19 vaccine mandate for healthcare providers in areas not covered by injunctions issued by federal courts. As of December 15, 2021, federal...more
In the past few days, there have been multiple developments in the legal challenges to the various vaccine mandates, one in favor of a mandate, one against. In addition, the first vaccine mandate challenge has now reached the...more
Late this past Friday, December 17, a panel of the Sixth Circuit Court of Appeals issued an order dissolving the Fifth Circuit Court of Appeals' stay that had blocked implementation of OSHA’s Emergency Temporary Standard...more
As we previously reported, two federal courts, one in Kentucky and the other in Georgia, collectively have enjoined the government from enforcing the vaccine mandate for federal contractors and subcontractors set forth in...more
A flurry of litigation in federal district and appellate courts has led to an even split between states in which the COVID-19 vaccine mandate issued by the Centers for Medicare and Medicaid Services may be implemented and...more
On December 15, 2021, a panel of the Fifth Circuit Court of Appeals partially affirmed an injunction entered by the U.S. District Court for the Western District of Louisiana on November 30, enjoining the Centers for Medicare...more
A nationwide injunction that prevented a health care worker COVID-19 vaccine mandate from taking effect has now been narrowed by a federal appellate court to apply only in the states involved in the lawsuits against the...more
On December 7, a Georgia federal judge blocked the highly contentious federal contractor vaccine mandate from going into effect nationwide. Upon issuing the injunction, the judge ruled that “even in times of crisis this Court...more
As set forth in more detail in its Order, a Georgia federal district court judge today issued an injunction halting enforcement of Executive Order 14042, which requires that federal contractors and subcontractors with...more
On November 5, 2021, the Department of Health and Human Services’ Centers for Medicare and Medicaid Services (CMS) issued the Medicare and Medicaid Programs: Omnibus COVID-19 Health Care Staff Vaccination (CMS Mandate), which...more
This week's vaccine wisdom (subject to change at any time). Is my company required to mandate vaccinations for employees? Possibly. Apart from the mandate for federal employees, there are three types of COVID vaccination...more
On Tuesday, November 30, the Western District for Louisiana issued a preliminary injunction against the COVID-19 vaccine mandate issued by the Centers for Medicare and Medicaid (CMS). South Carolina joined in this lawsuit...more
In a preliminary injunction issued on Tuesday, November 30, 2021, a federal judge in Louisiana temporarily blocked the implementation and enforcement of an interim final rule by the Centers for Medicare & Medicaid Services...more
Originally published 11/08/21. Updated 12/01/21. As expected, the OSHA Emergency Temporary Standard (ETS) faced immediate legal challenge, and on Saturday, the Fifth Circuit Court of Appeals issued a stay blocking the...more
Health care workers (employees, volunteers, trainees, and contractors) in 10 states may have a reprieve from the Centers for Medicare and Medicaid Services (CMS) vaccine mandate which was placed on hold by a federal district...more
Judge Terry A. Doughty of the United States District Court for the Western District of Louisiana has ordered that the U.S. Department of Health and Human Services and the Center for Medicare and Medicaid Services are enjoined...more