OCR Announces Proposed Updates to HIPAA Security Rule, Raises the Bar for Healthcare Cybersecurity
Healthcare Law Insights
by Noreen Vergara, Kathleen Snyder, Revital Beckerman and Ashton Harris
1M ago
On December 27, 2024, the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), issued proposed changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule (the Proposed Rule) to strengthen the cybersecurity protections that HIPAA-regulated entities are required to maintain for electronic protected health ..read more
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Forget the False Claims Act—How a Virginia Hospital Got Criminally Charged
Healthcare Law Insights
by Jonathan Porter
1M ago
On January 8, 2025, a federal grand jury in Virginia returned an indictment against a hospital. This rare criminal event in healthcare alleges that Chesapeake Regional Medical Center conspired to defraud the United States and committed healthcare fraud. Hospitals are almost never criminally charged, as federal investigations into hospitals are nearly always civil proceedings under ..read more
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California Board of Pharmacy Proposes Amended Regulation Governing Pharmacy Business Discontinuations
Healthcare Law Insights
by Kevin Khachatryan
2M ago
On November 15, 2024, the California Board of Pharmacy issued a public notice of its intent to modify Cal. Code Regs. tit. 16 § 1708.2, which governs the discontinuation of pharmacy businesses in California. The regulation currently states: “Any permit holder shall contact the board prior to transferring or selling any dangerous drugs, devices or ..read more
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Healthcare Founders Face New Exit Considerations
Healthcare Law Insights
by Hal Katz
2M ago
Exiting a business, whether you are a serial entrepreneur looking to move on to the next project or a healthcare provider like a physician or therapist who has nurtured your practice for decades, can be difficult. After all, corporate transactions are complex affairs that often hang on small details. That’s to say nothing of the ..read more
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New York State Department of Health Adopts Hospital Cybersecurity Regulations
Healthcare Law Insights
by Erik Dullea and Ashton Harris
3M ago
Keypoint: With the increased frequency and severity of cyberattacks against healthcare systems, state and federal agencies strive to improve cybersecurity controls with varied success. In November 2023, New York Governor Kathy Hochul announced proposed regulations that would be the first state regulations for hospitals in New York. The governor described the proposed regulation as a ..read more
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Mental Health Parity and Addiction Equity Act Final Rule: A Multi-Agency Effort to Strengthen Access to Mental and Substance Use Disorder Healthcare Benefits
Healthcare Law Insights
by Taylor Crossley, Natasha Sumner, Kimberly Chew and Noreen Vergara
4M ago
On September 9, 2024, the U.S. Department of Labor (DOL), Health and Human Services (HHS), and Treasury (collectively, the Departments) issued a Final Rule clarifying and adding additional requirements on health plans to provide equitable access to health insurance coverage for treatment of mental health and substance use disorders (SUDs), as required by the Mental ..read more
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California Private Equity in Healthcare Legislation
Healthcare Law Insights
by Andrew J. Demetriou
5M ago
On August 31, the last day of its 2024 Legislative Session, the California Legislature approved Assembly Bill 3129 (Wood), which provides for notification to and review by the Attorney General of health care transactions involving private equity groups and hedge funds. This bill has been subject to intense lobbying, and its scope changed significantly in ..read more
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DOJ False Claims Act Suit Against Montana Oncologist Is a Warning Sign to Busy Physicians
Healthcare Law Insights
by Jonathan Porter
5M ago
On August 26, 2024, the United States Attorney’s Office for the District of Montana filed a False Claims Act (FCA) complaint against a Montana oncologist, alleging that the oncologist’s busy schedule led to excessive claims that violated the FCA. The complaint is unusual in that its chief theory is the amount of time the oncologist ..read more
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How to Wear the Investor Hat When Physicians Are the Revenue Generators
Healthcare Law Insights
by Hal Katz and Jonathan Porter
6M ago
Engaging in management and investor conversations about maintaining and growing a business is critical, no matter the industry. Whether you’re discussing normal business sustainability, organic growth, or contemplating a sale, these discussions become more complex when practicing physicians are the business’s revenue generators. These conversations must be handled carefully to comply with the spirit and ..read more
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Loper Bright Leads to Section 1557 Stay
Healthcare Law Insights
by Natasha Sumner
7M ago
On July 3, 2024, Judge Louis Guirola, Jr. of the federal district court in Mississippi issued a nationwide preliminary injunction prohibiting the U.S. Department of Health and Human Services (HHS) from “enforcing, relying on, implementing, or otherwise acting on” the gender identity provisions of a HHS Final Rule that purported to implement Section 1557 of ..read more
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