Legal and practical healthcare information.
The future of healthcare once seemed like science fiction—think of The Jetsons, the iconic 1960s animated show where families communicate via video calls and receive virtual checkups. But today, telehealth has rapidly become a reality, thanks to technological advances and broadband expansion. However, key funding mechanisms are now under scrutiny, raising questions about whether this …
Continue reading “Are We Living in The Jetsons’ Future? Telehealth, Broadband, and Policy Shifts”
Previously published in Healthcare News and Healthcare Michigan As is the case in many industry sectors, the end of the year brings us to wonder what is in store for healthcare in 2025. Although the future is anyone’s guess, the following three areas of healthcare are most likely to experience robust activity. Non-Compete Litigation Non-compete provisions are designed …
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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”
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?”
Prior to the COVID-19 public health emergency (“PHE”), the federal Ryan Haight Act allowed a provider to prescribe controlled substance medications to a patient only after conducting an in-person evaluation of that patient (with limited exceptions). At the beginning of the PHE, the Drug Enforcement Agency (“DEA”) granted temporary exceptions to the in-person requirement and …
Continue reading “Telehealth Update: Controlled Substances & E/M Claims”
The Federal False Claims Act (“FCA”) allows private parties to bring lawsuits in the name of the federal government against defendants who allegedly “knowingly” present a false claim to the government for payment. The question for courts has been what standard should be applied to evaluate a defendant’s “knowledge.” The US Supreme Court recently clarified …
Continue reading “False Claims Act “Knowledge” Is a Subjective Standard”
Reversing previously proposed rules, the DEA recently issued new guidance allowing the continued use of telehealth when prescribing controlled substances following the end of the Covid-19 public health emergency (“PHE”). Waivers of the requirement for in-person encounters that were in place during the PHE will remain in effect for practitioner-patient telehealth relationships established as of …
Continue reading “DEA Reverses Course and Extends Telehealth Prescriptions of Controlled Substances”
The Federal False Claims Act (“FCA”) imposes civil liability for presenting a false claim to the government for payment. The Federal Anti-Kickback Statue (“AKS”) prohibits medical providers from making referrals in return for “remuneration.” In a recent decision by the Sixth Court of Appeals, the Court found that a hospital’s decision not to hire an …
Continue reading “Sixth Circuit Defines False Claims Standards”
Originally published in Healthcare Michigan, Volume 40, No. 2 Non-compete provisions are common in healthcare employment agreements. These provisions are designed to prohibit an employed or contracted provider from competing against the contracting entity by working for or starting a competing business within a certain geographic area for a set period of time. As the Michigan …
Continue reading “Proposed Rules Could Mean The End Of Non-Compete Agreements”
The current Public Health Emergency expiration deadline is this month. However, the Secretary of the Health and Human Services indicated he would provide a 60-day notice before ending the PHE in order to minimize disruptions and potential loss of government and private insurance coverage. That notice has not yet occurred. Therefore, we expect another 90 …
Continue reading “Telehealth Update: Telehealth Waivers Post-PHE and Fraud and Abuse”