On January 6, 2025, the US Department of Health and Human Services Office for Civil Rights (“OCR”) issued a notice of proposed rulemaking (“Proposed Rule”) containing significant updates to the Security Rule under the Health...more
In the first few days of his second presidential term, newly inaugurated President Trump signed a number of executive orders that will have an impact on the health care industry, some issuing new policies and some rescinding...more
In 2022, the South Carolina General Assembly enacted Act No. 171, which made several changes to the landscape surrounding delegation of medical tasks to unlicensed medical personnel and medical assistants. The new law defined...more
Intravenous (IV) hydration therapy is becoming more and more popular in the United States, and South Carolina is no exception. For those unfamiliar with the business model, IV hydration therapy services involve the offering...more
On February 24, 2023, the Drug Enforcement Administration (DEA) proposed rules addressing the prescribing of controlled substances via telemedicine upon the scheduled end of the COVID-19 Public Health Emergency (PHE) on May...more
The No Surprises Act became effective January 1, 2022. The Act prohibits surprise billing across the nation in certain circumstances in which surprise billing is common – specifically, the following services...more
As we shared in Part One on this topic [link], in late July of this year the Department of Health and Human Services Office of Inspector General (OIG) released a Special Fraud Alert regarding “Telemedicine Companies” that...more
On July 20, 2022, the Department of Health and Human Services Office of Inspector General (OIG) released a Special Fraud Alert addressing problematic arrangements observed to date following dozens of fraud investigations...more
At Nexsen Pruet, we work with clients across the full spectrum of healthcare to manage compliance with HIPAA, and often we receive questions about associates and business associate contracts....more
In a ruling issued yesterday, a federal judge in Texas ruled that the guidance related to the arbitration process in the No Surprises Act must be vacated.
The ruling came down as part of a lawsuit filed by the Texas...more
A lawsuit has been filed against the Department of Health and Human Services (HHS), the Department of Labor, and the Department of the Treasury in the Eastern District of Texas challenging key portions of the Centers for...more
The Federal Trade Commission (“FTC”) flexed its regulatory authority over merger deals with a new policy announced October 25, 2021, requiring prior approval provisions in divestiture orders going forward—a significant albeit...more
Time for transition is over – the Centers for Medicare and Medicaid Services (CMS) has moved into enforcement mode on the federal price transparency rules finalized in 2020. As at least 250 hospitals can attest, CMS has begun...more
Finally, it’s the dawn of a new day, and one that’s been a long time coming. COVID-19 vaccinations are being administered in impressive numbers across the country. In South Carolina, vaccines will be available this week to...more
In November 2019, the Centers for Medicare and Medicaid Services (CMS) published the Final Rule implementing Section 2718(e) of the Public Health Service Act, aimed at making hospital pricing for common services more...more
As of December 1, the Centers for Medicare & Medicaid Services (CMS) has permanently expanded the number of telehealth services available to Medicare beneficiaries and enrollees as part of the FY2021 Medicare Physician Fee...more
It seems like every aspect of healthcare is changing during these uncertain times, but one thing remains the same – HIPAA enforcement is going strong. The Office for Civil Rights (OCR) within the U.S. Department of Health and...more
In November 2019, pursuant to an Executive Order issued by President Trump in June 2019, the Centers for Medicare & Medicaid Services (CMS) published a Final Rule that is aimed at making hospital pricing for common services...more
North Carolina has enacted an “Emergency Management Act,” the purpose of which is to help the state prevent, prepare for, respond to, and recover from natural or man-made emergencies. The governor or the General Assembly may...more
As healthcare reform continues to be a dividing issue in Washington, both sides seem to agree on at least one element: price transparency. Trump’s executive order was issued on Monday (June 24, 2019). It is part of a...more
The Eliminating Kickbacks in Recovery Act (the “EKRA”) was passed on October 24, 2018 as part of the SUPPORT Act, Congress’s effort to address the current opioid epidemic in our nation. The EKRA is a separate provision within...more