In a move changing a decades-long practice, The Joint Commission extended its required timeframe for the reappointment of practitioners from every two years to every three years, unless law or regulation require shorter time...more
With the new year underway, the ArentFox Schiff Health Care team highlights 10 of the most pressing legal issues facing the industry in 2023.
End of the COVID-19 Public Health Emergency. After being in effect for more than...more
2/17/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Dobbs v. Jackson Women’s Health Organization ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Healthcare ,
HIPAA Privacy Rule ,
Inflation Reduction Act (IRA) ,
No Surprises Act (NSA) ,
Popular ,
Proposed Rules ,
Public Health Emergency ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Telehealth
In response to multiple requests from California hospital industry members, the California Court of Appeal ordered publication of its decision in Bonni v. St. Joseph Health System et al. This important decision is a victory...more
9/23/2022
/ Anti-SLAPP ,
Appeals ,
CA Supreme Court ,
California ,
Defamation ,
Disciplinary Proceedings ,
Healthcare Workers ,
Hospitals ,
Peer Review ,
Retaliation ,
Reversal ,
Settlement Negotiations
By September 30, all hospital workers—including physicians—must be vaccinated.
As COVID-19’s Delta variant surges across California, the California Department of Public Health (CDPH) again took action to help curtail the...more
8/10/2021
/ California ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Essential Workers ,
Exemptions ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
New Amendments ,
Physicians ,
Regulatory Mandates ,
State and Local Government ,
State Legislatures ,
Vaccinations ,
Workplace Safety
Click the link below for our complete analysis of recent updates to the Stark Law and Anti-Kickback Statute and their impact on health care providers.
...more
3/3/2021
/ 21st Century Cures Act ,
Anti-Kickback Statute ,
Bonuses ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Commercially Reasonable Efforts ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Fair Market Value ,
Final Rules ,
Health Care Providers ,
Health Insurance ,
Medicare Part D ,
OIG ,
Pharmacy Benefit Manager (PBM) ,
Profit Sharing ,
Safe Harbors ,
Stark Law ,
Value-Based Care
This is the latest in a series of articles discussing selected updates to the Department of Consumer Affairs’ (DCA) waivers issued in response to Governor Newsom’s March 30, 2020 Executive Order N-39-20, which authorized the...more
In its first significant Stark Law rulemaking since 2015, the Centers for Medicare and Medicaid Services (CMS) recently issued a new final rule (Final Rule) intending to provide physicians and designated health services (DHS)...more
The Department of Consumer Affairs (DCA) continues to issue and extend waivers under Governor Newsom’s March 30, 2020 Executive Order, which authorized the DCA to temporarily modify licensing and staffing requirements for...more
11/13/2020
/ California ,
CLIA ,
Executive Orders ,
Food and Drug Administration (FDA) ,
Governor Newsom ,
Healthcare Workers ,
Licensing Rules ,
Nurse Practitioners ,
Pharmacies ,
Pharmacist ,
Physician Assistants ,
Virus Testing ,
Waivers
The Centers for Medicare and Medicaid Services (CMS) has withdrawn its proposed Medicaid Fiscal Accountability Regulation (MFAR), according to a September 14, 2020, announcement via Twitter by Administrator Seema...more
Due to the broader spread of COVID-19 in California, the Department of Consumer Affairs (DCA) has extended numerous professional licensing waivers to facilitate the delivery of patient care during the state of...more
On May 12, the California Department of Consumer Affairs (DCA) issued an Order Waiving Restrictions on Pharmacists Ordering and Collecting Specimens for COVID-19 Tests, under the authority of California Governor Newsom’s...more
Since March 31, the California Department of Consumer Affairs (DCA) has issued waivers pursuant to California Governor Newsom’s March 30 Executive Order.
DCA's waivers temporarily ease licensing requirements for PAs, NPs,...more
The California Department of Consumer Affairs’ (DCA) Order Waiving Postgraduate Training License Deadline is the latest in a series of healthcare licensing waivers issued since March 31.
The California Department of...more
On May 4, the California Department of Consumer Affairs issued another order waiving additional requirements for pre-licensure nursing programs and nursing students under Title 16 of the California Code of Regulations...more
The California Department of Consumer Affairs (DCA) has issued additional health professional licensing waivers to help the healthcare industry better respond to the COVID-19 crisis.
Since March 31, under the authority...more
On March 30, 2020, in response to the continued spread of COVID-19, California Governor Newsom issued Executive Order N-39-20, authorizing temporary adjustments to certain standards related to staffing and licensing...more
4/13/2020
/ Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Crisis Management ,
DCAA ,
Employee Privacy Rights ,
Employer Liability Issues ,
Health and Safety ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
Personal Protective Equipment ,
Public Health ,
Wage and Hour ,
Workplace Safety ,
World Health Organization
The Centers for Medicare and Medicaid Services (CMS) issued a memorandum to State Survey Agency Directors that provides further guidance regarding survey priorities for health care facilities, providers, and clinical...more
Prior to these changes, physicians and PAs had to enter into “delegation of services agreements,” specifically delegating the medical services a PA could perform. If multiple physicians were supervising the PA – such as in a...more
1/7/2020
/ Amended Legislation ,
APRNs ,
Business & Professions Code ,
Health Care Providers ,
Health Clinics ,
Home Health Agencies ,
Hospitals ,
Medical Centers ,
Medical Devices ,
Physician Assistants ,
Physicians ,
Prescription Drugs ,
Professional Services Contract ,
Supervision