Health Law

Published on: January 13, 2022 | by The Health Law Partners

The Supreme Court Blocks a COVID-19 Vaccine Mandate for 84-Million Workers, but Upholds a COVID-19 Vaccine Mandate for Healthcare Workers

In June 2021, the Occupational Safety and Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) that would require, amongst other things, employers with 100 or more employees to adopt a mandatory COVID-19 vaccination policy. OSHA’s mandatory vaccination policy would affect approximately 84 million employees. An overview of the OSHA Vaccine Policy requirements can be […]

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Published on: November 12, 2021 | by The Health Law Partners

OIG Updates the Self-Disclosure Protocol: Key Changes

On November 8, 2021, the Office of Inspector General (“OIG”) issued multiple updates to the Health Care Fraud Self-Disclosure Protocol (“SDP”), incorporating legal changes made since the previous SDP revision in 2013. The OIG’s updated SDP may be accessed here. Below is an overview of the updates. By way of brief background, the SDP provides […]

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Published on: July 16, 2021 | by The Health Law Partners

HHS Issues Interim Final Rule Regarding Surprise Medical Billing

Recently, the U.S. Dept. of Health and Human Services (“HHS”), Dept. of Labor, Dept. of Treasury, and the Office of Personal Management jointly issued an interim final rule regarding surprise medical billing. The interim final rule, entitled “Requirements Related to Surprise Billing: Part 1” (the “Rule”) may be accessed here, and will go into effect […]

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Published on: April 22, 2021 | by The Health Law Partners

Biden Administration Extends Suspension of Mandatory 2% Medicare FFS Payment Sequestration

President Biden recently signed the Act to Prevent Across-the-Board Direct Spending Cuts, and for Other Purposes (the “Act”) (available here) into law. The Act extends the temporary suspension of certain mandatory Medicare FFS claim payment reductions until December 31, 2021. By way of background, the Budget Control Act of 2011 required mandatory across-the-board reductions to […]

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Published on: February 22, 2021 | by The Health Law Partners

Update on Provider Relief Fund Reporting Requirements

On January 15, 2021, the Department of Health and Human Services (“HHS”) issued updated guidance on reporting requirements related to use of Provider Relief Fund (“PRF”) monies. HHS will be issuing further updates, which will impact how providers are required to report and whether providers will be allowed to retain all of the PRF monies […]

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Published on: December 18, 2020 | by The Health Law Partners

New CMS Final Rule Provides Medicare Beneficiaries with Greater Surgical Options and Expands Coverage for Certain Surgical Procedures

The Centers for Medicaid & Medicare Services (CMS) recently released the 2021 Outpatient Prospective Payment System (OPPS) and Ambulatory Surgical Center (ASC) Final Rule, which may be accessed here. Significantly, the Final Rule contains policy changes by CMS that are intended to provide Medicare patients and their physicians greater choices in the outpatient setting at […]

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Published on: November 22, 2020 | by The Health Law Partners

New Michigan Law Prohibits Surprise Medical Billing

Michigan recently enacted legislation intended to protect consumers from surprise medical billing. The legislation amends Michigan’s public health code (PHC) by adding Article 18, which establishes disclosure requirements and limitations on payments for out-of-network providers (i.e., providers that do not participate in a patient’s health benefit plan) in certain circumstances. The law was enacted primarily […]

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Published on: November 12, 2020 | by The Health Law Partners

New York Law Requires Physicians to Immediately Post OPMC Signage

On October 7, 2020, New York Governor Cuomo signed into law a new requirement that “all physicians’ practice settings” must post conspicuous signage directing patients to the New York Office for Professional Medical Conduct’s (OPMC) website for information about patient rights and reporting professional misconduct. In particular, New York Public Health Law Sec. 230 (11) […]

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Published on: November 10, 2020 | by The Health Law Partners

Update to New York OMIG and DRA Certification Requirements

The New York State Department of Health (NYSDOH), in its October 2020 Medicaid Update (published last week on November 2, 2020), announced that the annual December certifications (i.e., the Office of the Medicaid Inspector General (OMIG) and Deficit Reduction Act (DRA) certifications (commonly referred to as the SSL Certification and DRA Certification, respectively)) required by […]

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Published on: October 28, 2020 | by The Health Law Partners

5th Circuit Ruling Affirms Denial of Injunctive Relief Against Medicare Recoupment during the Administrative Appeals Process

On September 18th, a panel of the Fifth Circuit affirmed a lower court ruling denying injunctive relief against recoupment for Medicare providers still faced with an overpayment demand after going through the first two steps of the administrative review process. In affirming the lower court’s decision, the Fifth Circuit affirmed that the government had provided […]

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