News & Analysis as of August 28, 2025

Waivers

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Read guidance, analysis, and updates on the myriad issues arising from the global response to the COVID-19 pandemic. Updated hourly every day, the insights published here are written by leading lawyers and law firms helping to make sense of insurance, employment, tax, securities, M&A, risk management, and every other consideration touched by this crisis. Follow the channel for a daily email brief of the latest and best updates. less -

A Win for Virtual Care: Telehealth Flexibilities Remain in Place (For Now)

Miles & Stockbridge P.C. on 4/8/2025

The short-term spending bill President Donald Trump signed into law last month included the extension of several telehealth waivers by entering a new termination date of Sept. 30 into the existing law. These waivers, called...more

NCAA Issues Clarifying Q&A Guidance to Eligibility Waiver

Troutman Pepper Locke on 3/19/2025

On March 13, the NCAA issued guidance in the form of a Q&A defining the scope of the eligibility waiver it previously approved on December 23, 2024, for student-athletes who have competed at non-NCAA institutions, such as...more

Medicare Telehealth Flexibilities Extended through September 30, 2025

Robinson+Cole Health Law Diagnosis on 3/18/2025

On March 14, 2025, as part of a spending bill to avert a federal government shutdown, Congress extended COVID-era telehealth “waivers” applicable to Medicare until September 30, 2025. These were originally scheduled to end...more

Some COVID-Era Medicare Telehealth Waivers Extended through March 31

Rivkin Radler LLP on 1/17/2025

The American Relief Act, 2025, signed into law on December 21, included a short-term extension of certain telehealth waivers that went into effect in the early days of the COVID-19 Public Health Emergency. These waivers, for...more

UPDATE: Telehealth “Cliff” Pushed Back until April 1, 2025

Bradley Arant Boult Cummings LLP on 1/6/2025

Congress narrowly avoided hurdling off the telehealth “cliff” Bradley previously reported on in this post with the passing of the American Relief Act, 2025 on December 21, 2024...more

The Trifecta: What to Expect from a Second Trump Administration and a Republican Congress

King & Spalding on 12/11/2024

Republicans have swept the 2024 elections, returning Donald Trump to the White House as the 47th President and flipping the Senate to a Republican majority. Having narrowly maintained control of the House of Representatives,...more

CMS Extends Medicaid Waivers through June 2025

McCarter & English, LLP on 5/22/2024

In an informational bulletin, the Centers for Medicare & Medicaid Services (CMS) announced it will further extend waivers for “unwinding” under Section 1902(e)(14)(A) of the Social Security Act until June 30, 2025. The...more

Healthcare Technology Regulatory Update - March 2024

BakerHostetler on 3/8/2024

Federal and state agencies continue to remain active this year, particularly with regard to laws that impact healthcare technology. As part of our ongoing efforts to track health technology-related legislation and...more

Australian Unfair Contract Terms Regime Renders Foreign Class Action Waiver Clauses Void

Jones Day on 1/2/2024

In Short - The Situation: In 2020, a cruise ship in Australian waters, the Ruby Princess, experienced a COVID‑19 outbreak that resulted in an Australian class action. Part of the class were passengers subject to...more

International Trade Commission Issues Report of COVID-19 IP Waiver

McDonnell Boehnen Hulbert & Berghoff LLP on 11/9/2023

It came as something of a shock in May, 2021 when the Biden administration voiced support for waiver of intellectual property protection mandated under the TRIPS agreement for COVID-19 vaccines (see "Biden Administration...more

HRSA Confirms End of COVID Waiver of Advance Registration Requirement for Provider-Based Clinics

Robinson+Cole Health Law Diagnosis on 10/30/2023

On September 27, 2023, the Health Resources and Services Administration (HRSA) issued a Notice in the Federal Register applicable to all 340B Program hospitals that formally ends a COVID-era waiver of the long-standing HRSA...more

CMS Issues IPPS and LTCH PPS Final Rule for FY 2024

King & Spalding on 8/9/2023

On August 1, 2023, CMS issued its annual Hospital Inpatient Prospective Payment System (IPPS) and Long-Term Care Hospital Prospective Payment System (LTCH PPS) Final Rule for FY 2024 (the Final Rule). In the Final Rule, CMS,...more

[Webinar] End of COVID Waiver on Telehealth Providers Prescribing Controlled Meds - July 26th, 11:00 am ET

Clark Hill PLC on 6/23/2023

This webinar will equip healthcare providers working via telemedicine with the invaluable information they'll need to know for a smooth transition toward compliance with the proposed rule changes. Join attorney Paul...more

DEA and SAMHSA Extend Tele-Prescribing Flexibilities

Sheppard Mullin Richter & Hampton LLP on 5/15/2023

This week, the Drug Enforcement Administration (“DEA”), in conjunction with the Substance Abuse and Mental Health Services Administration (“SAMHSA”), issued a temporary rule extending the telemedicine waivers of the Ryan...more

Telehealth Update: DEA Issues Temporary Rule on Prescribing Controlled Substances via Telehealth as the Public Health Emergency...

Mintz - Health Care Viewpoints on 5/11/2023

As we previously covered, in March 2023, the Drug Enforcement Agency (DEA) announced a proposed rule on prescribing controlled substances via telehealth, aimed at addressing the “telehealth cliff” that was expected to occur...more

DEA Extends Telemedicine Flexibilities for Prescribing of Controlled Medications

Foley & Lardner LLP on 5/11/2023

On May 10, 2023, the Drug Enforcement Agency (DEA) released a new regulation – “Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications” – temporarily extending the “full set” of...more

Special Report - CMS Unwinds Waivers as the COvid-19 PHE Comes to an End

McDermott Will & Schulte on 5/11/2023

At the onset of the COVID-19 PHE, CMS was permitted to issue several temporary emergency statutory and regulatory waivers to help providers appropriately respond to the pandemic. On May 1, 2023, the Secretary released a memo...more

The Status of 10 Key CMS Waivers Affecting Health Care Practitioners Following the Expiration of the COVID Public Health Emergency...

Pullman & Comley - Connecticut Health Law on 5/3/2023

The Centers for Medicare & Medicaid Services (CMS) used its emergency waiver authority to relax many aspects of health care delivery during the federal Public Health Emergency for COVID-19 (PHE) to allow health care...more

The End of the Federal COVID-19 Public Health Emergency is Near: What to Expect as HHS Transitions beyond the Emergency Phase

Mintz - Health Care Viewpoints on 4/28/2023

With less than two weeks left until the end of the federal COVID-19 Public Health Emergency (PHE), which is set to expire on May 11, 2023, the Department of Health and Human Services (HHS) is preparing to transition certain...more

Back to Business: Adapting to the Expiration of 4 HIPAA Enforcement Discretion Waivers

Morgan Lewis - Health Law Scan on 4/25/2023

Throughout the COVID-19 pandemic and related public health emergency (PHE), the US Department of Health and Human Services, Office for Civil Rights (OCR) issued four Notifications of Enforcement Discretion (referred to as...more

Comments Deadline Looms for Proposed TRIPS Waiver Expansion

Ballard Spahr LLP on 4/21/2023

Summary - The U.S. International Trade Commission (USITC) is soliciting public comment on the proposed expansion of a June 2022 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property...more

The End of the Public Health Emergency is Near

Harris Beach Murtha PLLC on 3/27/2023

President Biden announced that the COVID-19 national emergency and public health emergency (PHE) will expire on May 11, 2023. During the PHE, federal agencies were permitted to grant blanket waivers for certain health care...more

Health Law Diagnosis - CMS Issues Guidance for Providers on Waivers, Flexibilities and End of COVID-19 Public Health Emergency

Robinson & Cole LLP on 3/17/2023

The Centers for Medicare & Medicaid Services (CMS) recently issued a Fact Sheet (Fact Sheet) providing guidance on the impact of the end of the federal COVID-19 Public Health Emergency (PHE) on certain regulatory waivers,...more

Tracking the Waivers: Implications of the Wind Down of the COVID-19 Public Health Emergency

Sheppard Mullin Richter & Hampton LLP on 3/14/2023

The White House recently announced that the COVID-19 national emergency and public health emergency (PHE) declarations will end on May 11, 2023. These declarations have been in place since the beginning of the COVID-19...more

Hospitals and Health Systems 2023 Outlook

McDermott Will & Schulte on 2/24/2023

Historically viewed as recession-proof, 2023 is expected to be a challenging year for the healthcare industry as macroeconomic factors – inflation, high labor expenses, volatile markets, supply chain snarls and other issues –...more

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