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Surprise… No Surprises Act Arbitration Is Too Expensive

Kirk Davis, Danielle Gordet, writing for Akerman: In December of 2022, the Departments had increased the fee from $50 to $350, effective January 1, 2023, to address “the rising volume of disputes and additional expenditures associated with the Departments’ enhanced role in 2023 in conducting pre-eligibility reviews to address the backlog of disputes.” Thereafter, the […]

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Texas Amends Data Breach Notification Law

Julia K. Kadish, writing for SheppardMullin: Texas recently enacted an amendment to its data breach notification law. As of September 1, 2023, there are two changes to the requirements when notifying the Texas Attorney General. In Texas, breaches of 250 residents or more must be reported to the Attorney General. Now, as amended, this will need to […]

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The Evolution of Telehealth and What’s Next

James Tekippe, CFA, writing for VMG Health: For those in the healthcare industry, telemedicine has been viewed as a way to increase access to healthcare, while mitigating the challenges of limited resources of physicians and healthcare providers. Although the use of telehealth has steadily grown over the past two decades, the challenges presented by the […]

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New Texas Medical Billing Requirements Can Leave Hospitals and Other Health Care Facilities Unable to Collect for Services Provided

Joe Lecroy, Tracie Bedeauxm, writing for Katton: Starting September 1, 2023, health care facilities in Texas will have to make changes to their billing practices to comply with a newly passed law requiring greater transparency in medical billing … A health care provider that requests payment from a patient after providing a health care service […]

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It’s a Long Way From Here to There: Advanced Healthcare Practitioners, EMTALA’s Call Coverage Requirements, and Rural Hospitals

Nick Healey, writing for HuschBlackwell | Healthcare Law Insights: In an attempt to fill out the call schedule, however, some rural hospitals list advanced healthcare practitioners (AHP’s) with specialized training (such as psychiatric nurse practitioners, or certified nurse midwives) on the physician call schedule for those specialties. This practice, although well-intentioned, could lead a hospital […]

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Unfavorable OIG Advisory Opinion Issued for a Proposed Venture with Surgeon Owners but Managed by Others

Tom Greeson, writing for ReedSmith: Although it is possible to enter into business ventures with referral sources, care needs to be taken to ensure that the arrangement does not run afoul of the Medicare fraud and abuse laws. This month, the U.S. Health and Human Services Office of the Inspector General (OIG) refused to give […]

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Our Health Care System May Soon Receive a Much-Needed Cybersecurity Boost

Lily Hay Newman, writing for Wired.com and Ars Technica: The Advanced Research Projects Agency for Health (Arpa-H), a research support agency within the United States Department of Health and Human Services, said today that it is launching an initiative to find and help fund the development of cybersecurity technologies that can specifically improve defenses for […]

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OIG Again Concludes That Online Health Care Provider Marketplace Does Not Violate Fraud and Abuse Laws

Douglas A. Grimm, Gayland O. Hethcoat II, writing for ArentFox Schiff: In Advisory Opinion No. 23-04, the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) analyzed certain proposed changes to the functionality of a health care technology company’s online provider marketplace. As in an earlier 2019 opinion, OIG concluded that […]

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Antitrust & Competition Healthcare Quarterly Update Q2 2023

Andrew Lacy, Arman Oruc, John Goheen Kevin Walsh, and Andrew Jensen, writing for Goodwin Procter: In the second quarter, the US antitrust agencies continued efforts to bolster their aggressive enforcement agenda by rewriting long-standing policies and procedures, including sweeping revisions to Merger Guidelines, significant changes to the HSR filing process, and withdrawing long-established antitrust healthcare […]

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After Hearing Arguments, Future of Planned Parenthood in Texas Rests with Federal Judge

Dallas Morning News: Texas officially ousted the organization from the state’s Medicaid program in 2021 after four years of trying and a subsequent legal battle. Planned Parenthood continued to collect Medicaid payments from the state during legal appeals, $17 million the state says the health care group should now pay back, in addition to fines […]