Health Care Legal Regulations and Legislation Page 13

Healthcare is an area of law that is constantly evolving, with the Affordable Care Act provisions still rippling through the industry, and privacy and data protection concerns requiring constant vigilance, the National Law Review covers the latest developments in the Health Care Industry. The National Law Review offers analysis of news coming out of Congress related to health care legislation, as well as covering state and local laws related to health care.

Readers will also find an extensive list of cases, news, and up-to-date information on various topics in the healthcare and managed care sector. Litigation, regulatory actions being taken against doctors or pharmacies, mediation and arbitration, and coverage of the latest in drug pricing, the opioid epidemic, employer-healthcare coverage options, and legal news about health and hospital systems and physician groups.

The National Law Review covers news related to Medicare and Medicaid, to CMS funding, changes to IPAs, PHO, HMO, MSO, and other entities. Readers will find information related to managed care, assisted living facilities, at-home care, and news/legislation from the Office of the Inspector General (OIG) and the Office of the Federal Contract Compliance Programs (OFCCP). Additionally, regulations and updates released by the FDA are covered, as well as changing state and federal regulations related to telehealth and telemedicine are also on the site.

Cybersecurity in health care and compliance with HIPAA are major concerns for the industry. Additionally, Ransomware developments and other data security breaches have required a greater emphasis on safeguarding patient-records and information. More compliance and restrictions are in place for doctors/hospitals sharing patient records, HIPPA regulations have become more stringent, and e-health records, have seen a number of changes in how hospitals and doctors’ offices, deal with patient-record management internally. The National Law Review offers expert legal analysis on changing regulations related to healthcare.

For hourly updates in the latest news about Healthcare & Health Management law, regulations, and legislation, be sure to follow our Health Law Twitter feed and sign up for daily complimentary e-news bulletins.

Date	Title	Organization
14 Nov	OSHA Vaccine Rule Blocked Permanently by Fifth Circuit, But Judicial Review Will Continue	Mintz
12 Nov	Health Equity Remains a Priority for the Center for Medicare and Medicaid Services in 2022	Sheppard, Mullin, Richter & Hampton LLP
12 Nov	Beltway Buzz, November 12, 2021	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
12 Nov	Get to the Point: OSHA’s New Rule on Mandatory COVID-19 Vaccination	Womble Bond Dickinson (US) LLP
12 Nov	10 States Sue Centers for Medicare & Medicaid Over COVID-19 Vaccine Mandate for Healthcare Workers	Jackson Lewis P.C.
12 Nov	McDermottPlus Check-Up: November 12, 2021	McDermott Will & Emery
12 Nov	NLRB General Counsel Issues Guidance on Bargaining Obligations under OSHA ETS	Miller Canfield
11 Nov	Outside the Beltway of Health Care - Episode 7 [PODCAST]	Polsinelli PC
11 Nov	What Is the Future of the Acute Care Hospital Industry? [PODCAST]	Epstein Becker & Green, P.C.
11 Nov	HIPAA Technical Audits: Protecting your Practice [VIDEO]	Roetzel & Andress LPA
11 Nov	Phoenix Children’s Hospital Faces Privacy Lawsuit Over Inadvertent Release of Vaccine Exemption Information	Robinson & Cole LLP
11 Nov	Post-Pandemic Access to Telehealth: Highlights of the CMS 2022 Physician Fee Schedule Final Rule	Mintz
11 Nov	DOJ Focused on Toxicology Testing – EKRA and Anti-Kickback Statute Violations Abound	Robinson & Cole LLP
11 Nov	'That Kind of Behavior Will Always Get Our Attention' – Wasteful Testing Fraud Scheme Allegations Settled for $16 Million	Tycko & Zavareei LLP
11 Nov	2022 Medicare Remote Therapeutic Monitoring FAQs: CMS Final Rule	Foley & Lardner LLP
11 Nov	UPDATED: Federal Contractor Vaccine Updates: January 18 “Fully Vaccinated” Deadline and New FAQs	Jackson Lewis P.C.
10 Nov	Let's Talk Compliance Recap: The Telemedicine Cliff [VIDEO]	Foley & Lardner LLP
10 Nov	OIG Revises and Renames the Provider Self-Disclosure Protocol	Mintz
10 Nov	OIG Revises and Renames its Provider Self-Disclosure Protocol	Dinsmore & Shohl LLP
10 Nov	Does OSHA’s New Rule Have a Shot? Updates from the Fifth Circuit and Beyond	Bradley Arant Boult Cummings LLP
10 Nov	OSHA’s Vaccine ETS Is Here, Circuit Court Blocks ETS, Health Worker Vaccine Rules [VIDEO]	Epstein Becker & Green, P.C.
10 Nov	CMS Finalizes Changes to Clarify Physician and NPP “Split (or Shared)” Billing Policy	McDermott Will & Emery
9 Nov	New California Law Requires Health Plans and Insurers to Cover COVID-19 Screening Tests and Preventative Treatments with No Cost Sharing	Foley & Lardner LLP
9 Nov	Nota Bene Podcast Episode 151: Benchmarking the Past Three Years of American Healthcare Consolidation with David Garcia [PODCAST]	Sheppard, Mullin, Richter & Hampton LLP
9 Nov	Cal/OSHA Standards Board to Discuss New OSHA ETS	Jackson Lewis P.C.
9 Nov	CMS Vaccination Mandate Has Broad Reach, Quick Turnaround	Barnes & Thornburg LLP
9 Nov	Proposal to Withdraw/Repeal SUNSET Final Rule	Keller and Heckman LLP
9 Nov	OSHA COVID-19 Emergency Temporary Standard	Robinson & Cole LLP
9 Nov	In the Trenches, Ep. 10: The Inside Track on Value-Based Healthcare [PODCAST]	McDermott Will & Emery
9 Nov	The Devil May be in the Details of the Part II No Surprises Act IFR	Proskauer Rose LLP
9 Nov	The Centers for Medicare & Medicaid Services Issues Rule Mandating COVID-19 Vaccinations for Certain Healthcare Staff	Nelson Mullins
8 Nov	CMS Publishes Omnibus COVID-19 Health Care Staff Vaccination Requirements	Nelson Mullins
8 Nov	OIG’s Revised Self-Disclosure Protocol: Top Takeaways	Foley & Lardner LLP
8 Nov	CMS Greenlights Certain Telebehavioral Health Services Beyond the Public Health Emergency and Provides Important Incentives for Further Investment	Polsinelli PC
8 Nov	OSHA ETS Sets Compliance Deadline of January 4, 2022: What Are Employers Required to Do to Comply?	Norris McLaughlin P.A.
8 Nov	2022 OPPS Final Rule Overview: CMS Finalizes Policies on 340B, Hospital Price Transparency, and Inpatient-Only List	K&L Gates
8 Nov	West Virginia Governor Approves Medical and Religious Exemptions From COVID-19 Vaccination Mandates	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
8 Nov	CMS Requires COVID-19 Vaccination for Health Care Facility Staff	Foley & Lardner LLP
8 Nov	OSHA ETS: What Records Must Covered Employers Collect, Retain, Safeguard, and Make Available Upon Request	Jackson Lewis P.C.
8 Nov	Trailblazing with Digital Health Pioneers Episode 6: Michelle Davey, Co-Founder and CEO, Wheel [VIDEO]	McDermott Will & Emery
7 Nov	OSHA Vaccine Rule Temporarily Blocked By Federal Appeals Court	Mintz
7 Nov	Federal Appeals Court Stays OSHA’s COVID-19 Vaccine Emergency Temporary Standard	Strassburger McKenna Gutnick & Gefsky
6 Nov	Medicare and Medicaid Providers, Take Note: New CMS Rules Require Health Care Workers to Be Fully Vaccinated by January 4, 2022	Epstein Becker & Green, P.C.
6 Nov	Biden’s Vaccine Mandate Rules Are Out and the Deadlines to Comply Are Sooner Than You Think: What Employers Need to Know Now	Epstein Becker & Green, P.C.
6 Nov	The Biden Administration Expands Staff Vaccination Requirement to All Medicare & Medicaid Participating Providers/Suppliers	Womble Bond Dickinson (US) LLP
5 Nov	Vaccine Mandate: The Rule Is Out and the Details Are Here as CMS Requires COVID Vaccinations for Staff of Most Medicare and Medicaid-Certified Providers and Suppliers	K&L Gates
5 Nov	CMS Issues COVID-19 Vaccination Interim Final Rule for Healthcare Facilities	McDermott Will & Emery
5 Nov	COVID-19 Vaccine Mandate Fundamentals for Healthcare Employers	Squire Patton Boggs (US) LLP
5 Nov	Beltway Buzz, November 5, 2021	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
5 Nov	New York Paid Family Leave Law Amended to Allow Leave to Care for Siblings	Proskauer Rose LLP
5 Nov	McDermottPlus Check-Up: November 5, 2021	McDermott Will & Emery
5 Nov	CMS Requires COVID-19 Vaccine for Health Care Workers at all Facilities Participating in Medicare and Medicaid	Dinsmore & Shohl LLP
5 Nov	CMS Issues Emergency Regulation Requiring COVID-19 Vaccination for Health Care Facility Workers	Robinson & Cole LLP
5 Nov	OSHA COVID–19 Emergency Temporary Standard: Employer Action Required	Vedder Price
5 Nov	What Healthcare Employers Need to Know About the Centers for Medicare & Medicaid Vaccine Mandate	Jackson Lewis P.C.
5 Nov	CMS Mandates Vaccines for Staff of Medicare and Medicaid Providers and Suppliers	Polsinelli PC
5 Nov	OSHA Issues Emergency Temporary Standard Vaccination/Testing Rules	Giordano, Halleran & Ciesla, P.C.
5 Nov	OSHA Issues COVID-19 Vaccination Rule: What Employers Need to Know	Roetzel & Andress LPA
5 Nov	Vaccine Mandate UPDATE	Strassburger McKenna Gutnick & Gefsky
5 Nov	OSHA Announces COVID-19 ETS Mandating Employee Vaccinations or Weekly Testing	Pierce Atwood LLP
5 Nov	CMS Gives a Boost and Takes a Shot at Full Vaccination for Millions of U.S. Healthcare Workers	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
5 Nov	Johnson & Johnson Medical Devices Companies Gets Patent Infringement Damages Upped 20X at China’s Supreme People’s Court	Schwegman, Lundberg & Woessner, P.A.
4 Nov	Nursing Homes Must Vaccinate Staff by January 4	Davis\|Kuelthau, s.c.
4 Nov	OSHA and CMS Vaccination Rules Released: Here Are the Details	McDermott Will & Emery
4 Nov	OSHA Issues Emergency Temporary Standard for COVID-19 Vaccination and Testing	Polsinelli PC
4 Nov	Asset Protection for Doctors — Going Beyond Malpractice Risk [PODCAST]	Roetzel & Andress LPA
4 Nov	OSHA Emergency Temporary Standard: It’s Out!	Foley & Lardner LLP
4 Nov	The Pandemic Continues, but ACA Reporting Relief Does Not	Jackson Lewis P.C.
4 Nov	Federal Contractor Vaccination Deadline Extended to January 4 to Correspond with OSHA’s Emergency Temporary Standard (ETS)	Jackson Lewis P.C.
4 Nov	It’s Not Esoteric: Absent Ambiguity, Plain Contractual Language Governs	McDermott Will & Emery
4 Nov	NYSDOL Issues Guidance Regarding Employee Use of Cannabis	Mintz
4 Nov	CMS Issues Emergency Rule Requiring COVID-19 Vaccines for Healthcare Providers by January 4, 2022	Strassburger McKenna Gutnick & Gefsky
3 Nov	State, Federal, and Private Enforcement of Mental Health Parity Compliance	Sheppard, Mullin, Richter & Hampton LLP
3 Nov	CMS Will Finalize Heightened Penalties, Additional Requirements Under Hospital Price Transparency Rule	McDermott Will & Emery
3 Nov	It’s Open Enrollment – Time to Get Knowledgeable about Medicare Advantage and Traditional Medicare/Medigap Policies	Norris McLaughlin P.A.
3 Nov	Why Did Seven Senators Oppose the False Claims Amendments Act of 2021?	Kohn, Kohn & Colapinto
3 Nov	Outside the Beltway of Health Care - Episode 6 [PODCAST]	Polsinelli PC
2 Nov	OCR Issues Clarifying Guidance on HIPAA, COVID-19 Vaccinations, and the Workplace	Dinsmore & Shohl LLP
2 Nov	Iowa Strengthens Medical and Religious Exemptions From Vaccine Policies, Permits Individuals Discharged for Refusing Vaccines to Qualify for Unemployment Benefits	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
1 Nov	First Details Leaked Regarding OSHA's Vax-Or-Test Rule	McDermott Will & Emery
1 Nov	Designation of COVID-19 Under New York HERO Act Extended Once Again	Proskauer Rose LLP
1 Nov	Unpacking Averages: Analyzing Descriptions from Cardiovascular Device Adverse Events	Epstein Becker & Green, P.C.
1 Nov	NY Extends to Dec. 15 Designation of COVID-19 as ‘Highly Contagious Communicable Disease,’ Continuing Employer Obligations Under HERO Act	Greenberg Traurig, LLP
31 Oct	Louisiana and Orleans Lift Their Mask Mandates, Except for Students Subject to Opt-Out Procedures	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
30 Oct	Lessons Learned from Medical Criminals	Polsinelli PC
30 Oct	California Court Finds Peer Review Speech, but Not Actions, Are Protected Under State Anti-SLAPP Statutes	Polsinelli PC
29 Oct	FDA Issues Good Machine Learning Practice Guiding Principles	McDermott Will & Emery
29 Oct	Deadline Approaches for New Stark Physician Group Practice Profit Distribution Rules	Dinsmore & Shohl LLP
29 Oct	McDermottPlus Check-Up: October 29, 2021	McDermott Will & Emery
29 Oct	Case Summary: Hartsuch v. Ascension Medical Group	Polsinelli PC
29 Oct	Costly Choices: Delayed Reporting of Suspected Impairment and Lack of Hospital Protocols Results in $4.75 Million Jury Verdict	Polsinelli PC
29 Oct	When State Law Permits Discovery of Sensitive Peer Review Information	Polsinelli PC
28 Oct	PE Firm Pays Record Settlement for Allegedly Deficient Health Services: Identifying Traps for the Unwary	Foley & Lardner LLP
28 Oct	The Medical Staff and Provider Standard of Care Concerns Under the FCA: Do I Really Have to Produce That to the Government?	Polsinelli PC
28 Oct	What Health Care Providers Should Expect in an FDA Inspection [PODCAST]	K&L Gates
28 Oct	Immigration and Compliance Briefing: Fall Travel & COVID-19 Policy Update	Wiggin and Dana LLP
28 Oct	Roetzel HealthLaw HotSpot: Best Practices for Preventing Employee Fraud in Health Care Practices [PODCAST]	Roetzel & Andress LPA
28 Oct	Agencies Propose Rules to Implement No Surprises Act Federal IDR Process	K&L Gates
28 Oct	EEOC Updates Religious Accommodation and Vaccine Mandate Guidance	Mintz
27 Oct	Top 5 Takeaways from Winstead’s Physician Roll-up Transactions Event	Winstead
27 Oct	Centers for Medicare and Medicaid Innovation Center: Equity and Vision	Sheppard, Mullin, Richter & Hampton LLP
27 Oct	Key Legal Considerations Relating to Ketamine Behavioral Health Platforms	Proskauer Rose LLP
27 Oct	Lessons from the COVID-19 Pandemic: Planning for Disaster Preparedness and Emergency Management in Hospitals	Proskauer Rose LLP
27 Oct	The Keeping Workers Safe Act Introduced: Will OSHA Violations Be Widely Disseminated?	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
27 Oct	Senate Confirms President Biden’s Nominee to Head OSHA	Greenberg Traurig, LLP
27 Oct	EEOC Updates Guidance Regarding Religious Accommodations to Workplace Vaccination Requirements	Miller Canfield
27 Oct	The Growing Role of Data Analytics in Healthcare Enforcement	McDermott Will & Emery
27 Oct	First Circuit Upholds Maine Vaccine Mandate for Health Care Workers	Nelson Mullins
26 Oct	Nota Bene 149: U.S. Q4 Check In: Infrastructure, Primaries and COVID with TwinLogic’s Elizabeth Frazee and Chani Wiggins [PODCAST]	Sheppard, Mullin, Richter & Hampton LLP
26 Oct	FDA Convenes Medical Device Workshop Focused on Artificial Intelligence and Machine Learning Transparency	Nelson Mullins
26 Oct	Ohio Department of Health Issues New COVID-19 Quarantine Guidance for Schools	Roetzel & Andress LPA
26 Oct	EEOC Updates Guidance on Religious Objections to COVID-19 Vaccine	Dinsmore & Shohl LLP
26 Oct	Trailblazing with Digital Health Pioneers: Episode 5: Dr. Karen Murphy, Chief Innovation Officer, Geisinger [VIDEO]	McDermott Will & Emery
26 Oct	FDA Withdraws Temporary Hand Sanitizer Policies	Keller and Heckman LLP
26 Oct	EEOC Issues Additional Guidance on Religious Objections to COVID-19 Vaccine Mandates	Proskauer Rose LLP
25 Oct	Senate Judiciary Committee Debates Amendments Designed to Protect the False Claims Act	Kohn, Kohn & Colapinto
22 Oct	Another Perspective on the COVID-19 Vaccination v. Testing Issue and Exemptions from a Vaccine Mandate	Keller and Heckman LLP
22 Oct	McDermottPlus Check-Up: October 22, 2021	McDermott Will & Emery
21 Oct	Federal Contractor Vaccination Mandate: Important Dates for Covered Contractors	Epstein Becker & Green, P.C.
21 Oct	Roetzel HealthLaw HotSpot: Upcoming Tax-Related Proposals for Health Care Professionals to Watch [PODCAST]	Roetzel & Andress LPA
21 Oct	An Update on the CMS Hospital Price Transparency Rule [PODCAST]	K&L Gates
21 Oct	Healthcare Provider Upcoding in Government Investigation Crosshairs	Nelson Mullins
21 Oct	How Long Do Healthcare Companies Take to Respond to Access Requests?	Greenberg Traurig, LLP
21 Oct	OTC Hearing Aids: FDA Paves the Way in its Proposed Rule	Foley & Lardner LLP
20 Oct	Coverage of FDA’s AI/ML Medical Devices Workshop - Part 3: A Summary of the Panel Discussions	Mintz
20 Oct	“How To” Guide for Health Plan Premium Incentives for the COVID-19 Vaccine	Foley & Lardner LLP
20 Oct	FTC Warns That Health Apps May Be Subject to the Health Breach Notification Rule	Epstein Becker & Green, P.C.
20 Oct	OSHA ETS in Review, Texas Vaccine Mandate Ban, Health Premium Incentives [VIDEO]	Epstein Becker & Green, P.C.
20 Oct	US Regulatory Considerations Applicable to Digital Health Providers and Suppliers - Part III: FDCA	K&L Gates
19 Oct	ANSES Publishes Health Risk Assessment Guide for Nanomaterials in Food	Bergeson & Campbell, P.C.
19 Oct	Surprise! It's the No Surprises Act	von Briesen & Roper, s.c.
19 Oct	California and Florida Introduce Two More Genetic Privacy Laws Into the Mix	Womble Bond Dickinson (US) LLP
19 Oct	During a Global Health Crisis, IP Rights Are Getting a Bad Rap	Polsinelli PC
19 Oct	California Attorney General Issues Guidance on Health Data Privacy Issues	Squire Patton Boggs (US) LLP
19 Oct	Government Issues No Surprises Act Interim Final Rule with Comment Period (Part II)	Foley & Lardner LLP
19 Oct	Adapting to a World Without Third-Party Standing: How Reproductive Rights Advocacy Organizations Can Challenge Anti-Abortion Statutes Through Associational Standing	University of Iowa College of Law
18 Oct	Finding Religious Accommodations in Rhode Island’s COVID-19 Vaccination Requirements for Healthcare Workers	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
18 Oct	US Regulatory Considerations Applicable to Digital Health Providers and Suppliers – Part IV: Other Potential Applicable Laws	K&L Gates
18 Oct	US Regulatory Considerations Applicable to Digital Health Providers and Suppliers – Part II: HIPAA (Continued) & Additional Important Privacy Considerations	K&L Gates
18 Oct	US Regulatory Considerations Applicable to Digital Health Providers and Suppliers – Part I: HIPPA	K&L Gates
16 Oct	Court Holds that an Internal Complaint About a Potential HIPPA Violation is Protected Under New Hampshire Whistleblower Law	Zuckerman Law
16 Oct	CareDx v. Natera – Are Processing Steps Known to the Art Always “Conventional”?	Schwegman, Lundberg & Woessner, P.A.
15 Oct	McDermottPlus Check-Up: October 15, 2021	McDermott Will & Emery
15 Oct	Increased Enforcement Activity Expected Relating to Healthcare Provider Billing Upcoding	Nelson Mullins
15 Oct	New Jersey Acting Attorney General Announces Data Breach Settlement with Fertility Clinic	Hunton Andrews Kurth
15 Oct	FDA Withdrawing Temporary Policies for Non-Drug Manufacturers Producing Hand Sanitizer Products During the COVID-19 Public Health Emergency	Womble Bond Dickinson (US) LLP
15 Oct	Stark Law Alert: Be Ready for January 1, 2022 [VIDEO]	Roetzel & Andress LPA
14 Oct	Texas Executive Order to Prohibit COVID-19 Vaccine Mandate	Foley & Lardner LLP
14 Oct	Enforceability of Physician Non-Compete Agreements [PODCAST]	Jackson Lewis P.C.
14 Oct	COVID Confusion: Texas Governor Issues Executive Order Effectively Banning Vaccine Mandates	Sheppard, Mullin, Richter & Hampton LLP