Topics

ACA

Nondiscrimination in Healthcare: HHS’s New Final Rule Under Section 1557 of the Affordable Care ActGuidance for Hospice Providers to Address the Visitors Ban Imposed by Nursing Facilities to Reduce the Spread of COVID-19Medicare for All, Part 2: Cost, Financing and Impact on Provider Payment

Academic Medical Centers

Data and Research Rights: Structuring Around Institutional ControlEnforcement Ramps Up on Patient Right of Access: What Providers Need to Know New Federal Privacy Rules for Substance Use Disorder Records: What Ketamine and Psychedelic Providers Need to Know

Accountable Care Organizations

Husch Blackwell at the NAACOS ConferenceThe “Pathways to Success” Final Rule is Here: ACO’s Face Big DecisionsPerformance Report: “Pathways” Rules Help CMS Advance Two-Sided Risk Sharing

Antitrust

New Proposed Healthcare Transaction Requirements and Mini-Stark Law in ColoradoHealthcare Industry Faces Heightened Antitrust Scrutiny Under New Merger Guidelines, HSR RulesU.S. DOJ sues to stop health plan mergers

Behavioral Health Provider

What HHS’s Major Restructuring Means for Healthcare Privacy: Key Insights from Husch BlackwellEnforcement Ramps Up on Patient Right of Access: What Providers Need to Know New Federal Privacy Rules for Substance Use Disorder Records: What Ketamine and Psychedelic Providers Need to Know

Children's Hospitals and Pediatric Providers

Decoding Legalese of Value-Based ContractsAmerican Health Law Association New Publication on Emerging Issues in Health Equity in the U.S.: Legal, Legislative, and Policy PerspectivesTwo Strikes for DOJ: Health Care Executives Not Guilty of Antitrust Conspiracies

Clinical Research & Trials

Data and Research Rights: Structuring Around Institutional ControlNew DOJ Regulations on Bulk Sensitive Personal Data TransfersWhere Investor–Founder Alignment Actually Breaks Down in Life Sciences Deals

Compliance

The Deal Can Die in the DeckThe Productivity Trap in Comp PlansCommon Isn’t a Safe Harbor in Deals and JVs

Data Privacy & Security/HIPAA/HITECH

AI, Privilege, and Confidential Business Information: The Heppner Case and What It Means for Life Sciences TeamsFTC Settles with Data Brokers Over Unlawful Sale of Sensitive Location Data What HHS’s Major Restructuring Means for Healthcare Privacy: Key Insights from Husch Blackwell

Employee Benefits

Litigation Looms: ERIC Seeks Stay on 2024 Mental Health Parity Rule EnforcementWhat Constitutes Parity? The ERISA Industry Committee’s Lawsuit Challenging the 2024 Final RuleMental Health Parity and Addiction Equity Act Final Rule: A Multi-Agency Effort to Strengthen Access to Mental and Substance Use Disorder Healthcare Benefits

Fraud & Abuse

The Deal Can Die in the DeckThe Productivity Trap in Comp PlansCommon Isn’t a Safe Harbor in Deals and JVs

Government Issues

FTC Settles with Data Brokers Over Unlawful Sale of Sensitive Location Data What HHS’s Major Restructuring Means for Healthcare Privacy: Key Insights from Husch BlackwellNew DOJ Regulations on Bulk Sensitive Personal Data Transfers

Health Coverage

State v. Johnson: Wyoming Supreme Court Overturns Abortion Restrictions—The Footnotes Tell the Real StoryLitigation Looms: ERIC Seeks Stay on 2024 Mental Health Parity Rule EnforcementWhat Constitutes Parity? The ERISA Industry Committee’s Lawsuit Challenging the 2024 Final Rule

Healthcare Litigation

Common Isn’t a Safe Harbor in Deals and JVsOSHA Authority to Cite Healthcare Employers for Workplace Violence Is UpheldUnderstanding the Impact of the Vacated HIPAA Privacy Rule on Reproductive Healthcare

Healthcare Providers

Common Isn’t a Safe Harbor in Deals and JVsFrom Early Collaboration to Operating Relationship: Contract Terms That Matter When Capital ArrivesSupply Chain Attacks Expose Vendors and Patient Data

Healthcare Regulatory

Common Isn’t a Safe Harbor in Deals and JVsFTC Settles with Data Brokers Over Unlawful Sale of Sensitive Location Data What HHS’s Major Restructuring Means for Healthcare Privacy: Key Insights from Husch Blackwell

Hospice & Palliative Care

CMS Expands PPEO and EPR to Georgia and OhioCMS Proposes to Expand 36-Month Rule to Hospice AgenciesCode Blue! — Violence in the Workplace

Hospitals & Health Systems

Common Isn’t a Safe Harbor in Deals and JVsWhat HHS’s Major Restructuring Means for Healthcare Privacy: Key Insights from Husch BlackwellHHS Crackdown on Information Blocking: New Era of Enforcement, Fines, and Compliance Risks for Healthcare Entities 

Immigration

Slow Repeal of the ACA and Its Effect on Healthcare TechnologyCongress extends immigrant investor and physician programs without changeSpouses of certain H-1B workers may obtain employment authorization

Insurance

Litigation Looms: ERIC Seeks Stay on 2024 Mental Health Parity Rule EnforcementWhat Constitutes Parity? The ERISA Industry Committee’s Lawsuit Challenging the 2024 Final RuleMental Health Parity and Addiction Equity Act Final Rule: A Multi-Agency Effort to Strengthen Access to Mental and Substance Use Disorder Healthcare Benefits

Intellectual Property

AI, Privilege, and Confidential Business Information: The Heppner Case and What It Means for Life Sciences Teams3 Things Every Business Must Know About AI — Before It Is Too LateData and Research Rights: Structuring Around Institutional Control

Labor & Employment

Colorado Eliminates Noncompete Agreements for Healthcare WorkersWyoming Restricts Employer Use of Noncompete Agreements: How Will This Impact Physicians?Physician Organizing: Trends and Takeways

Life Sciences

AI, Privilege, and Confidential Business Information: The Heppner Case and What It Means for Life Sciences TeamsFrom Early Collaboration to Operating Relationship: Contract Terms That Matter When Capital ArrivesData and Research Rights: Structuring Around Institutional Control

Litigation

AI, Privilege, and Confidential Business Information: The Heppner Case and What It Means for Life Sciences TeamsAttorney General Pam Bondi’s Memo Concerning Healthcare Treatment for Transgender Minors: Implications for ProvidersNavigating Compliance Risks in Laboratory Operations—Key Lessons from a Recent FCA Case

M&A and Other Transactions

AI, Privilege, and Confidential Business Information: The Heppner Case and What It Means for Life Sciences TeamsCommon Isn’t a Safe Harbor in Deals and JVsFrom Early Collaboration to Operating Relationship: Contract Terms That Matter When Capital Arrives

Medicare

HHS Crackdown on Information Blocking: New Era of Enforcement, Fines, and Compliance Risks for Healthcare Entities New Compliance Guidelines for Off-Campus Provider-Based Departments Seeking Medicare ReimbursementCMS Expands PPEO and EPR to Georgia and Ohio

Nursing and Allied Health Schools

National Institutes of Health COVID-19 Support/Research at Academic Medical Centers and Other FacilitiesTexas hangs up on telephone prescribersStill no word from DOL on changes to FLSA regulations

Occupational Safety and Health Administration

OSHA Authority to Cite Healthcare Employers for Workplace Violence Is UpheldOSHA Pursues Healthcare Workplace Violence RuleUpdate on Possible OSHA Prevention of Violence in Healthcare and Social Assistance Rule

Pharmaceuticals

Where Investor–Founder Alignment Actually Breaks Down in Life Sciences DealsCourt Temporarily Blocks 340B Rebate Model Pilot ProgramFDA Launches Commissioner’s National Priority Voucher Program: What Life Sciences Innovators Need to Know

Pharmacy

California Board of Pharmacy Proposes Amended Regulation Governing Pharmacy Business DiscontinuationsCalifornia Enacts First-in-Nation Pharmacy Medication Error Reporting LawSupreme Court Reaffirms Mens Rea Requirement in Controlled Substance Health Care Fraud Cases and Government Burden to Prove Subjective Bad Faith

Pharmacy Benefit Manager (PBM)

HHS Targets PBMs But May Exceed Its Legal Authority in Proposed Rule Eliminating AKS Protection for Drug RebatesPharmacy Benefit Managers 101: Who They Are and What They DoCVS Health – Aetna Transaction: Understanding the Business and Legal Issues

Physician Practices and Non-Physician Practitioners

The Deal Can Die in the DeckThe Productivity Trap in Comp PlansAI, Privilege, and Confidential Business Information: The Heppner Case and What It Means for Life Sciences Teams

Physicians

AI, Privilege, and Confidential Business Information: The Heppner Case and What It Means for Life Sciences TeamsCommon Isn’t a Safe Harbor in Deals and JVsNew Proposed Healthcare Transaction Requirements and Mini-Stark Law in Colorado

Post-Acute Care & Nursing Facilities

Avoiding the Pitfalls of Involuntary Nursing Home Discharges/Transfers in MissouriSignificant Change in Medicare Enrollment Risk Categories for SNFsCode Blue! — Violence in the Workplace

Private Equity

Common Isn’t a Safe Harbor in Deals and JVsFrom Early Collaboration to Operating Relationship: Contract Terms That Matter When Capital ArrivesWho Owns the Platform? Device and Software Rights and Risks in Collaboration Structures

Professional Compensation

The Productivity Trap in Comp PlansOIG fraud alert regarding compensation agreements for physiciansPhysician compensation caution

Psychedelics & Emerging Therapies

New Federal Privacy Rules for Substance Use Disorder Records: What Ketamine and Psychedelic Providers Need to KnowAdvancing Military Mental HealthPsychedelic Breakthroughs: Key Considerations for Clinical Trials

Reimbursement

New Compliance Guidelines for Off-Campus Provider-Based Departments Seeking Medicare ReimbursementCMS Expands PPEO and EPR to Georgia and OhioNew Federal Privacy Rules for Substance Use Disorder Records: What Ketamine and Psychedelic Providers Need to Know

Self-Disclosure

OIG updates policy regarding gifts of nominal valueUnique Considerations in Healthcare M&A Part 1 – Due DiligenceDeadline for HIPAA breach notification approaching

Specialty Pharmacy

COVID-19 - Legal Considerations for Pharmacists and PharmaciesLessons Learned from a Failed Private Equity-Specialty Pharmacy PartnershipUSP Finalizes Revisions to Sterile Compounding Standards

Tax

IRS Cutbacks May Impact Healthcare M&A Transactions2021 Texas Legislature Amends Texas Tax Code to Define Medical and Dental Billing Service and Address Texas Comptroller PolicyTax Court Rules in Favor of Generic Drug Manufacturer on Deductibility of Patent Litigation Expenses in Connection with ANDAs

Technology & Information Systems

AI, Privilege, and Confidential Business Information: The Heppner Case and What It Means for Life Sciences TeamsFrom Early Collaboration to Operating Relationship: Contract Terms That Matter When Capital ArrivesFTC Settles with Data Brokers Over Unlawful Sale of Sensitive Location Data 

Telehealth

What HHS’s Major Restructuring Means for Healthcare Privacy: Key Insights from Husch BlackwellDEA Extends Telemedicine Flexibilities for Ketamine Prescribing: What Clinics Need to Know in 2026DEA’s Pending Telemedicine Rule: What Ketamine Clinics Need to Know

U.S. Department of Health & Human Services

What HHS’s Major Restructuring Means for Healthcare Privacy: Key Insights from Husch BlackwellNew DOJ Regulations on Bulk Sensitive Personal Data TransfersHHS Crackdown on Information Blocking: New Era of Enforcement, Fines, and Compliance Risks for Healthcare Entities 

Uncategorized

AI, Privilege, and Confidential Business Information: The Heppner Case and What It Means for Life Sciences TeamsColorado Eliminates Noncompete Agreements for Healthcare WorkersClosing the Gap: Medical Device Innovation, Frontline Healthcare Workers, and the Role of AI