Legislation and Public Policy

Hospital Price Transparency Rule Upheld
June 24, 2020 | Eric D. Fader | Affordable Care Act | Hospitals | Legislation and Public Policy | Litigation | Private Insurers
On June 23, the U.S. District Court for the District of Columbia ruled against the American Hospital Association and other associations and individual hospitals that had sued the U.S. Department of Health and Human Services (HHS) to block a new price transparency rule that will take effect on January 1, 2021. The rule, which was finalized …
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Wearables Brands Fight for Healthcare Space
June 23, 2020 | Eric D. Fader | Electronic Health Records | Employer/Employee | Legislation and Public Policy | Medical Devices and Wearables | Telehealth
Manufacturers of activity trackers and smartwatches have been fighting over the “serious” healthcare market for several years. Companies such as Apple (previously discussed here), Fitbit (previously discussed here), and Garmin (previously discussed here) have all announced research partnerships with academic and clinical institutions to expand their businesses from the “exercise and fitness” market into healthcare …
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Drug Price Disclosure Rule Rejected Again
June 17, 2020 | Eric D. Fader | Legislation and Public Policy | Medicare and Medicaid | Pharmaceuticals
On June 16, the U.S. Court of Appeals for the District of Columbia Circuit upheld a ruling from a year ago that struck down a federal regulation requiring pharmaceutical companies to disclose wholesale prices of prescription drugs in television advertisements. The appeals court agreed with the lower court’s opinion that the rule exceeded the legal …
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HHS Finalizes Civil Rights and Anti-Discrimination Rule
June 16, 2020 | Ada Kozicz | Affordable Care Act | Hospitals | Legislation and Public Policy
The U.S. Department of Health and Human Services (HHS) has finalized a new rule under Section 1557 of the Affordable Care Act in an effort to enforce civil rights laws and protect against discrimination in healthcare. The rule, entitled “Nondiscrimination in Health and Health Education Programs or Activities: Delegation of Authority,” attempts to restore civil …
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NYC Health Department Updates Guidance on COVID Testing
June 4, 2020 | Ada Kozicz | Legislation and Public Policy
On June 2, the New York City Department of Health and Mental Hygiene issued Health Advisory #18 which recommends that all New Yorkers receive testing for COVID-19 regardless of whether or not they present symptoms or are considered to be at an increased risk for the virus. This is a change from prior guidance which …
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FCC Approves COVID-19 Telehealth Program Funding
May 29, 2020 | Eric D. Fader | Behavioral Health | Hospitals | Legislation and Public Policy | Telehealth
On May 28, the Federal Communications Commission (FCC) announced that its COVID-19 Telehealth Program has now approved a total of over $68 million in funding for 185 hospitals and other healthcare providers in 38 states plus Washington, DC. The program, whose full title states its goal of “Promoting Telehealth for Low-Income Consumers,” was adopted on …
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Assess Legal Risk, Payer Policies to Head Off Hidden Dangers of COVID-19 Reopening
May 21, 2020 | Rivkin Rounds Staff | Legislation and Public Policy | Litigation | Private Insurers
A May 18 article in Part B News, “Assess legal risk, payer policies to head off hidden dangers of COVID-19 reopening,” discussed how medical practices should take steps to protect themselves from legal and insurance issues. Rivkin Radler’s Robert Iseman was quoted in the article, which advises medical practices that are beginning to reopen on …
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What to Watch as COVID-19 Cash Crunch Fuels Hospital M&A
May 18, 2020 | Rivkin Rounds Staff | Antitrust | Hospitals | Legislation and Public Policy
A May 15 article in Law360, “What to Watch as COVID-19 Cash Crunch Fuels Hospital M&A,” discussed the wave of hospital mergers due to the coronavirus pandemic and its financial impact on healthcare facilities. The article also addressed possible antitrust enforcement actions against hospitals that must merge to remain financially viable. Rivkin Radler’s Robert Iseman …
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New Executive Orders Aid OPWDD Facilities amid COVID-19
May 18, 2020 | John F. Queenan | Cassandra Rivais DiNova | Behavioral Health | Hospitals | Legislation and Public Policy
In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the form of certain suspended or waived requirements applicable to facilities licensed by the Office of People with Development Disabilities (OPWDD). By several …
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CMS Announces Further Rule Changes to Address Pandemic
May 4, 2020 | Eric D. Fader | ACOs | Behavioral Health | Hospitals | Legislation and Public Policy | Medicare and Medicaid | Telehealth
On April 30, the Centers for Medicare & Medicaid Services (CMS) announced numerous regulatory waivers and rule changes to, among other things, expand Medicare beneficiaries’ access to coronavirus testing and telehealth services. CMS also made changes to address financial concerns that had been raised by many accountable care organizations (ACOs). The changes included adding behavioral …
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