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Healthcare Authority Newsletter - October 2024 #4

News Briefs - FTC Finalizes Providers' Reporting Rules Prior to M&A - The Federal Trade Commission has made changes to a rule meant to improve its ability to detect illegal mergers and acquisitions before they happen, by...more

Second Circuit Rules That “Complaint Surveys” Are Not “Surveys” Under the Statutory Provision Requiring RNs on a Survey Team

All Medicare-certified skilled nursing facilities (“SNFs”) must be surveyed annually and not more than every 15 months, as well as on other occasions, such as for complaint investigations and revisits to determine compliance...more

Healthcare Authority Newsletter - October 2024 #3

News Briefs - FTC Finalizes Providers' Reporting Rules Prior to M&A - The Federal Trade Commission finalized changes to a rule that will require healthcare companies, including hospitals and providers, to provide more...more

Healthcare Authority Newsletter - October 2024 #2

News Briefs - 75% of Hospitals Spending More on Tech to Boost Cybersecurity - Three-quarters of hospitals and health systems spent more on information technology last year and many will continue to do so, with greater focus...more

Outlier or Harbinger: District Court Declares FCA Qui Tam Provisions Unconstitutional

The federal False Claims Act (“FCA”) is the United States’ primary civil tool for prosecuting fraud against the government. It was enacted in 1863 during the Civil War and, from its inception, has included qui tam provisions...more

Healthcare Authority Newsletter - October 2024 #1

News Briefs - Study Says Telemedicine Improved Quality of Doctors' Patient Care - Telemedicine helped improve the quality of doctors' patient care during the COVID-19 pandemic and has the potential for improving physician...more

Healthcare Authority Newsletter - September 2024 #4

News Briefs - House Committee Approves Telehealth Modernization Act of 2024 - A House committee voted to advance a bill that would extend telehealth flexibilities in Medicare for another two years. The legislation, called the...more

Healthcare Authority Newsletter - September 2024 #3

News Briefs - HHS Offers 75,000 Pages in Defense of Nursing Home Staffing Mandate - The Department of Health and Human Services filed more than 75,000 pages of rule-making records with a federal court, beginning its formal...more

Healthcare Authority Newsletter - September 2024 #2

News Briefs - Licensure Compact Aims to Allow PAs to Practice in Other States - By 2028, the nation as a whole will be short some 100,000 critical health care workers, according to a new report....more

Healthcare Authority Newsletter - September 2024 #1

News Briefs - HHS Drops Appeal of Court's Ruling in Hospital Web Tracking Case - The Department of Health and Human Services is dropping its appeal of a June U.S. District Court ruling that vacated the government's...more

Healthcare Authority Newsletter - August 2024 #4

News Briefs - Statistics Show Upward Trend in Healthcare Data Breaches - Healthcare data breach statistics clearly show there has been an upward trend in data breaches over the past 14 years, with 2021 seeing more data...more

Healthcare Authority Newsletter - August 2024 #3

News Briefs - Physicians Responsible for Meeting CMS Information Blocking Rules - The Centers for Medicare & Medicaid Services and Office of the National Coordinator for Health Information Technology issued a final rule that...more

Healthcare Authority Newsletter - August 2024 #2

News Briefs - State Governments Taking Steps to Make Rules on Healthcare AI - In the absence of federal guardrails on artificial intelligence in healthcare, state governments are figuring out their own rules of the road....more

Healthcare Authority Newsletter - August 2024 #1

News Briefs - CMS Increases Acute Care Inpatient Hospital Payments by $2.9B - HHS has finalized the fiscal year 2025 Inpatient Prospective Payment System and Long-Term Care Hospital Prospective Payment System rule. The rule...more

Healthcare Authority Newsletter - July 2024 #3

News Briefs - Joint Employer Rule Withdrawn by National Labor Relations Board - The National Labor Relations Board withdrew its appeal of a district court ruling that enjoined its "joint employer" final rule....more

Government Investigations Team Insights - July 2024

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more

Healthcare Authority Newsletter - July 2024 #2

News Briefs - High Court Ruling on Chevron Doctrine Could Impact Health Credit - When the Supreme Court overturned the Chevron doctrine on June 28, it ended the mandate that federal courts should defer to federal agencies'...more

Healthcare Authority Newsletter - July 2024 #1

News Briefs - Texas Federal Court Ruling Puts Noncompete Ban on Hold - A Texas federal court issued a preliminary injunction against the Federal Trade Commission's noncompete ban, which if implemented would allow existing...more

Healthcare Authority Newsletter - June 2024 #4

News Briefs - Survey Finds Decline in Telehealth Use Across Most Groups in 2022 - The percentage of adults who used telehealth in the past year dropped from 37 percent in 2021 to 30.1 percent in 2022, with declines observed...more

Healthcare Authority Newsletter - June 2024 #3

News Briefs - New Foreign Nurse Visas Frozen by State Department - The State Department has essentially frozen foreign nurse visas for the rest of the fiscal year amid high demand, and health groups are warning it threatens...more

"If You Most Know, You Know”: Expert Testimony That “Most” Drug Couriers Know They’re Carrying Drugs Allowed to...

If you know, you know. The government’s less familiar version — if most know, the defendant knows — just got a boost from the Supreme Court of the United States, which recently held that Federal Rule of Evidence 704(b) did...more

Healthcare Authority Newsletter - June 2024 #2

News Briefs - Lawmakers Boosting Investigation of P.E. Role in Healthcare - Influential U.S. Senators are the latest to launch investigations into private equity's increasing role in owning and operating everything from...more

Healthcare Authority Newsletter - June 2024 #1

News Briefs - Hospital Lobbies Join Attempt to Delay Noncompete Ban -Hospital lobbies have signed on to a multisector letter of 230 industry associations and chambers of commerce urging the Federal Trade Commission to bump...more

Healthcare Authority Newsletter - May 2024 #5

News Briefs - Appeals Court Rules Drug Firms Can Limit 340B Discounted Drugs - An appeals court has upheld a lower court ruling on 340B that sided with drug manufacturers. At issue is whether pharmaceutical companies can...more

Seventh Circuit Affirms Liability in AKS-Based FCA Suit But Vacates Award of Damages

The United States Court of Appeals for the Seventh Circuit recently considered a district court’s nearly $6 million judgment in a qui tam False Claims Act (“FCA”) suit based on Anti-Kickback Statute (“AKS”) violations. The...more

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