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At Long Last, the OIG Issues Its Compliance Program Guidance for Nursing Facilities

On November 20, 2024, the US Department of Health and Human Services, Office of Inspector General (OIG) issued its Industry Segment-Specific Compliance Program Guidance for Nursing Facilities (Nursing Facility ICPG)....more

HIPAA Reproductive Privacy Rule Takes Effect Amid Legal and Political Uncertainties

As of December 23, health care providers, health plans, and health care clearinghouses (covered entities) and their business associates (collectively, regulated entities) must comply with new reproductive health care privacy...more

SCOTUS Update: Supreme Court Clarifies Organizational Standing in FDA-Related Ruling

A recent US Supreme Court decision, which grabbed headlines because it involved an abortion-related drug, with potential repercussions in litigation far-removed from health care due to the decision hinging on “standing,”...more

OCR Finalizes HIPAA Privacy Rule to Support Reproductive Health Care Privacy

On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule...more

Federal Jury Convicts Six Defendants of Obstructing Access to Reproductive Health Services Facility in Violation of the FACE Act...

On January 30, a federal jury found six people guilty of federal civil rights offenses arising from their participation in a blockade of a reproductive health care clinic in Mount Juliet, Tennessee. The jury’s verdict is...more

Post-Dobbs Hospital Risk Assessment, Part 2: Impacts Beyond Abortion

In this installment of our post-Dobbs risk assessment series for hospitals and academic medical centers, we consider the ongoing impact of Dobbs v. Jackson Women’s Health Organization on delivery of clinical services beyond...more

Post-Dobbs Hospital Risk Assessment, Part 1: Evaluating the Impact on Delivery of Abortion Services

In the landmark case of Dobbs v. Jackson Women’s Health Organization, the US Supreme Court overturned its prior rulings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which had recognized a...more

Access to Mifepristone Hangs in the Balance

As those in the reproductive health space scramble to keep up with the ever-changing landscape of mifepristone (Mifeprex) access, it seems that every party must have their say. The last three months have seen updates from...more

Proposed Nursing Home Disclosure Requirements Target Private Equity Companies and REITs

On February 15, 2023, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule which would require greater disclosures of the ownership and management of Medicare and Medicaid nursing homes. Specifically,...more

Modified REMS, Clarification on Mailing Drugs, and Movement in Texas Case Mark Significant Weeks in the Reproductive Health Legal...

With the approval of the modified mifepristone Risk Evaluation and Mitigation Strategy (REMS), it has been a momentous few weeks in the reproductive health legal space. Modification to the REMS for Mifepristone...more

Conducting a Post-Dobbs Risk Assessment: A Guide for Hospitals and AMCs

Since the US Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization (Dobbs) in June 2022, the impact of the Court’s decision continues to ripple across the health care delivery system. In this multi-part series,...more

New Challenge to Abortion Access Takes on FDA Drug Approvals

On November 18, 2022, a collection of organizations and providers that oppose abortion filed suit against the US Food and Drug Administration (FDA) and the US Department of Health and Human Services (HHS), seeking — among...more

OIG Reports Indicate the Government's Interest in Balancing Ongoing Telehealth Access With Increased Oversight

A pair of reports recently issued by the US Department of Health and Human Services (HHS) Office of the Inspector General (OIG) highlight the important role telehealth services have played in ensuring access to medical...more

Which Law Should Emergency Departments Follow? DOJ Sues Idaho Over Conflict Between EMTALA and State Abortion Restrictions

In a newly filed lawsuit against the State of Idaho, the federal government argues that Idaho’s “near-total ban on abortion,” scheduled to take effect on August 25, 2022, overreaches by prohibiting abortion even where federal...more

CMS Guidance on EMTALA and Abortion Raises New Issues for Hospital Emergency Services

According to guidance published by the Centers for Medicare and Medicaid Services (CMS) on July 11, 2022, EMTALA, the Emergency Medical Treatment and Labor Act of 1986, requires hospitals to provide abortion services when...more

Revisions to Stark Law Rules Covering Physician Profit Sharing and Bonuses

Supporting CMS's Transition to a Value-Based Healthcare Delivery and Payment System - The Centers for Medicare & Medicaid Services (CMS) published a Final Rule in the Federal Register on December 2, 2020, overhauling the...more

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