Health Care Today | Health Law Blog

If an offer to a health care provider to speak at or attend a pharmaceutical or medical device company’s event seems too good to be true – it probably is, and it could lead to civil, criminal and federal administrative penalties.  

On November 10, 2020, the U.S. Supreme Court held oral arguments in California, et. al. v. Texas, et. al., the most recent challenge to the Patient Protection and Affordable Care Act (ACA).

Greensfelder Officer Amy Blaisdell was recently quoted in an article for SHRM about a federal judge in New York temporarily blocking a regulation that was going to remove some health care protections for transgender individuals. The article, titled “HHS Blocked from Rolling Back Health Care Protections for Transgender Workers,” was published on August 18, 2020.

Greensfelder Officer Amy Blaisdell recently co-authored an article in For the Defense, a publication of the Defense Research Institute (DRI), about lessons employers should keep in mind when defending against disability benefits claims that lack objective medical evidence. The article, titled “Objective Versus Subjective Evidence in the ERISA Claims-Handling Process,” was published in the August 2020 edition.

The Department of Health and Human Services on May 7, 2020, extended the deadline for health care providers to attest to receipt of payments from the Provider Relief Fund and accept the Terms and Conditions.

Providers will now have 45 days, increased from 30 days, from the date they receive a payment to attest and accept the Terms and Conditions or return the funds. 

On March 27^th, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security Act, also known as the CARES Act (“Act”). The Act is a massive piece of legislation, covering a number of aspects of economic life, including programs to maintain employment, assist workers, families and businesses, supporting the health care system, and providing assistance to distressed sectors of the U.S. economy.

The Office for Civil Rights (OCR) has relaxed HIPAA privacy rules for health care providers engaging in telehealth activities during the COVID-19 public health emergency. To provide greater clarity to the Notification of Enforcement Discretion regarding COVID-19 released on March 17, 2020 (available here), the OCR has released FAQs available here.

The FBI, Department of Justice and HHS Office of Inspector General are asking health care providers to be on the lookout for scams regarding the sale of counterfeit personal protective equipment (PPE) such as gowns, goggles or full-face shields, and N95 respirator masks as required PPE during the COVID-19 outbreak.

On March 17, 2020, the Office of Inspector General (“OIG”) issued a Policy Statement that will provide yet another avenue of relief from regulatory requirements as health care providers across the nation deal with the COVID-19 public health emergency.

This specific action by the OIG relieves physicians and other health care practitioners from administrative sanctions if they reduce or waive any cost-sharing obligations from federal health care beneficiaries seeking telehealth services.

As the virus continues to spread, U.S. hospitals will likely see increasing numbers of potential cases of COVID-19 in their emergency departments. Hospitals are obligated under the Emergency Medical Treatment and Labor Act (EMTALA) to provide these individuals with certain examinations and, if necessary, stabilizing treatment or transfer. This raises a host of issues for hospitals that receive these individuals for care, including capacity and resource concerns, and the risks these individuals may pose to medical personnel and other people in the vicinity, including other patients and staff.