Legal and practical healthcare information.
Previously published in Healthcare News The State of Texas filed a lawsuit against the Biden administration on August 16, 2024, seeking to vacate a rule requiring nursing homes that receive federal funding through Medicare and Medicaid to meet certain minimum staffing requirements. The lawsuit alleges that because 97% of all nursing homes participate in these programs, the Final Rule …
Continue reading “Texas Challenges Biden Administration’s Minimum Staffing Mandate in Court”
Previously published in Healthcare News and Healthcare Michigan. On February 8, 2024, the Department of Health and Human Services (HHS) finalized revisions to 42 CFR Part 2. Read on to learn more about Part 2, the changes, and helpful practice pointers. Quick Refresher: What Is Part 2? 42 CFR Part 2 is a set of Federal laws that …
Continue reading “2024 Revisions to Part 2: Key Changes, Impact, and Compliance Tips”
Previously published in Healthcare News and Healthcare Michigan. A recent commentary offers a stark glimpse into future healthcare demands (Harris & Marshall, 2024). During the first two years of the pandemic, the U.S. economy saw a loss of 400,000 workers in residential care facilities and nursing. Presently, there remains a shortage of approximately 130,000 workers …
Originally published in Healthcare Michigan, Volume 41, No. 6 It has been a rapid-fire start to 2024 with antitrust enforcers within the Biden administration ramping up regulatory scrutiny across the U.S.—and health care is at the center of it. These efforts started in December 2023 when the Federal Trade Commission (the “FTC” or “Commission”) and Antitrust …
Continue reading “Ramping Up: Antitrust Enforcement in Health Care”
Originally published in Healthcare Michigan, Volume 41, No. 5 My prior article addressed tax issues in repurchasing equity in physicians and other practice groups. This article provides information about drafting buy-sell agreements for practice entities that include provisions for repurchasing equity from owners. These agreements limit an owner’s ability to transfer equity and require its sale …
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Dickinson Wright attorney Kim Ruppel recently participated in The Risky Health Care Business Podcast, where she and host Scott Nelson delved into the intricate world of noncompetes and their ramifications for both health care professionals and organizations. This article encapsulates the insights from that conversation. Understanding Noncompete Agreements Noncompete agreements have long been a fixture …
Continue reading “Navigating Noncompetes in Health Care: Understanding the FTC’s Impact”
Originally published in Healthcare Michigan, Volume 41, No. 4 The Food and Drug Administration (FDA) regulates foods and beverages, drugs and medical devices, biologics, dietary supplements, tobacco products, veterinary products, and cosmetics. Although these various product categories may appear to be clearly cut, the fact of the matter is that a product can very easily cross …
Originally published in Healthcare Michigan, Volume 41, No. 3 The Families First Coronavirus Response Act (FFCRA) was enacted in March 2020 as part of the government’s response to the COVID-19 pandemic. The FFCRA, among other things, provided funds for diagnostic testing and services for people without insurance for COVID-19. These funds were distributed through the …
Continue reading “Providers Face Government Scrutiny Over COVID Coverage For Uninsured”
The government is continuing to take a close look at laboratory testing in the wake of the COVID-19 pandemic. On February 21, 2024, a federal grand jury in New Jersey issued a superseding indictment against a New York physician. The indictment claims the physician committed healthcare fraud and conspired to defraud the United States by …
Continue reading “NY Doctor Indicted for Medicare Fraud Related to Genetic Testing and Equipment”
It is no secret that protected health information (or “PHI”) is more and more at risk for cybersecurity attacks. In 2022 (the most recent year this statistic is available), the Department for Health and Human Services Office for Civil Rights (“OCR”) received over 30,000 new complaints alleging violations of HIPAA and, in addition to other …
Continue reading “How Did They Get My Protected Health Information?”