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Department of Labor Narrows FFCRA Exemption for Health Care Providers

By Karin Jones and Laura Rosenbaum on Posted in COVID-19, Employment Law, National
The Department of Labor (DOL) recently modified its guidance regarding leave under the Families First Coronavirus Response Act (FFCRA). These changes pertain to the applicability of FFCRA leave to employees of health care providers. The changes – which take effect on September 16, 2020 – are a response, in part, to a recent New York … Continue Reading

Part 2 Amendments Facilitate Care Coordination Activities of Substance Use Disorder Treatment Programs

By Timothy Hatfield and Reilley Keating on Posted in Legal Updates, National
On July 15, 2020, the Substance Abuse and Mental Health Services Administration (SAMHSA) made substantial changes to the permitted uses and disclosures of substance use disorder (SUD) records for programs covered by 42 C.F.R. Part 2. The stated intent of the final rule is to facilitate the provision of well-coordinated SUD care. The rules do … Continue Reading

Important Deadlines Delayed for Health and Welfare Plans due to COVID-19 Emergency: Impacts for Employer Plan Sponsors, Administrators, and Insurers

By Howard Bye-Torre, Bethany Bacci and Abbey Hendricks on Posted in COVID-19, Employee Benefits, Health Plans, HIPAA, Insurance Law, National
The Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) and the Department of Treasury and Internal Revenue Service (IRS) issued a notification of relief, effective immediately, that extends certain critical deadlines in health, disability, and other welfare plans (Deadline Relief).[1] This Deadline Relief requires that these plans extend certain deadlines that affect … Continue Reading

COVID-19 Leads to Liberalization of e-Prescribing of Controlled Substances, May Presage Permanent Rulemaking

By Ronak Chokhani and Timothy Hatfield on Posted in COVID-19, Legal Updates, National
In light of the COVID-19 pandemic, the Drug Enforcement Agency (“DEA”) recently issued guidance permitting the use of telemedicine to prescribe controlled substances (schedule II to V) for the duration of the public health emergency declared by the Secretary of Health and Human Services. Specifically, if (a) the prescription “is issued for a legitimate medical … Continue Reading

CMS Takes Significant Action to Spur Use of Telehealth Services for Duration of COVID-19 Emergency

By Timothy Hatfield on Posted in COVID-19, HIPAA, Legislation, Medicaid, Medicare, National
On March 13, 2020, President Donald Trump issued a proclamation declaring a national emergency concerning the novel coronavirus disease (the “Emergency Declaration”).  The president framed the emergency declaration as empowering the Secretary of Health and Human Services (“HHS”) to waive “laws to enable telehealth,” which gave providers hope that the administration would remove some of … Continue Reading

NLRB Gives Employers Greater Discretion to Limit Union Activity on Their Premises

By Melissa Healy and Jim Shore on Posted in Employment Law, National
The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union representatives access to public areas of their property unless (1) the union has no other means of communicating with employees or (2) the employer … Continue Reading

HHS Issues Practical New Cybersecurity Guidance for Healthcare Businesses of all Sizes

By Dustin Berger and Sarah Bimber on Posted in Data Privacy and Security, National
In late January, the U.S. Department of Health and Human Services’ Healthcare & Public Health Sector Coordinating Council issued a new cybersecurity guidance document for healthcare businesses of all sizes. The guidance document, entitled “Health Industry Cybersecurity Practices: Managing Threats and Protecting Patients,” available at https://www.phe.gov/Preparedness/planning/405d/Pages/hic-practices.aspx, provides concrete and practical guidance for addressing what the … Continue Reading

Effects of State Individual Mandates on Employer Group Health Plans

By Abbey Hendricks and Howard Bye-Torre on Posted in Insurance Law, Legislation, National
Late last year, Congress passed the Tax Cuts and Jobs Act, which included a provision  effectively repealing the requirement for most Americans to have health insurance.  This “individual mandate” was originally imposed by the Affordable Care Act (“ACA”). Beginning in 2019, the tax penalty individuals face if they do not enroll in health coverage considered … Continue Reading

CMS Rule Extends Short-Term Health Insurance

By Manmeet Dhami on Posted in Health Plans, Insurance Law, National
On August 1, 2018, the Centers for Medicare & Medicaid Services issued a final rule that allows individuals to purchase short-term limited-duration health plans. Under the rule, short-term health plans can span an initial period of less than 12 months, with renewals and extensions capped at 36 months. Under the Affordable Care Act (“ACA”), lower-grade … Continue Reading

Proposed Medicare E/M Payment Overhaul Draws Mixed Reviews

By Kara Morse on Posted in Medicare, National
Touted as a major step in its efforts toward Medicare modernization, CMS issued a proposed Physician Fee Schedule rule on July 12, 2018 that would, in part, gut the current five-tier structure for Evaluation and Management (“E/M”) codes and collapse levels 2 through 5 down to one payment rate. The proposed payment overhaul, coupled with … Continue Reading

ACA Debate Intensifies Ahead of Midterm Elections

By Sarah Oyer on Posted in Legislation, National
Ten Republican Senators have introduced a bill that they say will require health insurers to cover pre-existing conditions if the Affordable Care Act (“ACA”) is invalidated. Critics counter that the bill offers little actual protection. Like the ACA, it would prohibit insurers from denying enrollment based on pre-existing conditions, but unlike the ACA, it would … Continue Reading
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