RECENT HEALTH LAW NEWS

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

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

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

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

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

A recent article in Health Payer Specialist, “Navajo National Collaboration Could Greatly Boost Molina’s Flagging Fortunes in New Mexico,” discussed how Molina Healthcare, through the Navajo Managed Care Organization (MCO), is working to better the healthcare of the Navajo Nation while bolstering its own bottom line. Rivkin Radler’s Chris Kutner was quoted in the article.

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

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

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

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).

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