Legal and practical healthcare information.
On December 2, 2020, the CMS and the OIG published the rules modifying the safe harbors under the Anti-Kickback Statute[1] and exceptions under the Stark Law[2]. This article presents an overview of the value-based rules, which became effective on January 19, 2021. CMS and OIG coordinated many aspects of the value-based rules, and this section …
Continue reading “The Regulatory Sprint to Value-Based Care”
Some areas of the law are black and white. In those cases, contractual provisions can often be easily labeled as permissible or impermissible, allowed or not allowed, reasonable or unreasonable. The enforceability of a provision prohibiting an employer from working in a competing business following their employment (a noncompetition provision) is not one of those …
Continue reading “Enforceability of Physician Noncompetition Agreements in Michigan”
Healthcare providers have additional regulatory restrictions related to the structure of their practice entities (“Practice Entities”), which are not applicable to those operating in other industries. Such restrictions include but are not limited to ownership and control by licensed professionals and limitations on the number of Practice Entities that a licensed professional may own or …
Continue reading “Regulatory Considerations for the Structure of Practice Entities”
Minimally invasive cosmetic medical services are on the rise and in high demand. With their recent popularity, many licensed cosmetologists and estheticians are looking to offer these cosmetic medical services to their existing customers. Midlevel medical providers, such as registered nurses, advanced practice nurses, or physician assistants often desire to leverage their medical experience to …
Continue reading “Medical Spas: Common Legal Pitfalls to Avoid”
In response to the COVID-19 pandemic, state and federal authorities have recognized a need for as many trained, experienced, and qualified health care providers as possible. To ensure those providers are fully enabled to provide critical care in response to COVID-19, several laws limit the tort liability of health care providers providing services in response …
Continue reading “Limitation of Liability During the Coronavirus Pandemic”
The CARES Act establishes a new loan program for small businesses during the period starting on March 1, 2020, and ending on December 31, 2020, and in certain situations forgiveness of such loan, which many health care providers and suppliers should review. Known as “7(a) Paycheck Protection Program loans” (“PPP Loans”), businesses in the health …
On March 29, 2020, Governor Gretchen Whitmer issued Executive Order 2020-30 temporarily suspending a number of supervision and credential requirements applicable to healthcare providers. These changes are intended to remain in effect during the public health emergency resulting from the COVID-19 pandemic and apply only to healthcare providers currently in possession of a license in …
UPDATED: March 24, 2020 As our country faces the coronavirus head-on, Dickinson Wright’s health care law attorneys are actively assisting health care providers in understanding their legal obligations on matters relating to the situation. Our team has put together some FAQs from health care providers regarding these legal obligations and our recommendations, including general, nationwide …
Continue reading “FAQs Regarding the Coronavirus and Health Care Providers – UPDATED 3/24/20”
This article was originally published on February 6, 2020. It has been revised to include additional guidance provided by the Michigan Department of Insurance and Financial Services (“DIFS”). In 2019, Michigan enacted amendments to the No-Fault Act (the “Act”), MCL 500.3101 et seq., that will affect the way health care practitioners provide services and are …
When healthcare providers are subject to a bad review on Yelp! or similar customer-review websites and apps, it can be difficult to hold back and not provide a response or at least attempt to clarify the situation. However, healthcare providers, including dental providers, must ensure that employees who handle their social media, including customer-review websites …
Continue reading “Healthcare Provider Fined for Disclosing PHI in Response to a Yelp! Review”