Timothy Hatfield

Timothy Hatfield

Timothy Hatfield provides advice and counsel to a wide range of health care clients including physician groups, health plans, medical product manufacturers, and long-term care facilities. He has particular experience with matters involving fraud and abuse, facility licensing, HIPAA, and Medicare and Medicaid reimbursement. He also advises employers, self-insured health plans and third-party administrators regarding the Affordable Care Act and other federal laws.

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

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

COVID-19 Update: FCC Accepting Applications for Its $200M Telehealth Program; Red Light Rule Waived

In a previous client alert, Stoel Rives’ health care team provided responses to certain frequently asked questions regarding the Federal Communications Commission’s (“FCC”) COVID-19 Telehealth Program (“Program”). At the time of that earlier client alert, FCC was awaiting the Office of Management & Budget’s approval of the Program application (“Application”) before beginning the application process. … Continue Reading

FCC Releases $200M COVID-19 Telehealth Program Guidance: Your Questions Answered

On April 2, 2020, the Federal Communications Commission (“FCC”) released its Report and Order 20-44 outlining how it plans to distribute $200 million appropriated to it by the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”). The COVID-19 Telehealth Program (the “Program”) will allow eligible providers to be reimbursed for “telecommunication services, information … Continue Reading

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

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

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

AKS and Medicare Advantage Plans: Don’t Kickback and Relax!

Health care attorneys have long questioned whether there are significant Anti-Kickback Statute (AKS) risks associated with financial transactions between Medicare Advantage plans and their participating providers. An ongoing case in the Northern District of Illinois could provide Medicare Advantage organizations with a clear answer regarding the nature of such risks. United States ex rel. Derrick … Continue Reading

Ruling in the Eleventh Circuit Highlights Both the Breadth and Potential Limitations of AKS’s Employment Safe Harbor

Health care lawyers have long debated whether the AKS safe harbor provides full protection for employees who are paid to market a supplier’s services.  In Carrel v. AIDS Healthcare Foundation, 898 F.3d 1267 (Aug. 7, 2018), the Eleventh Circuit might have come a step closer to answering this question.  The Carrel court affirmed the dismissal … Continue Reading

Welcome to Health Law Insider!

Welcome to Stoel Rives’ newest blog: Health Law Insider. Health Law Insider will provide insights from our team of experts on the full spectrum of legal issues that are shaping the health care industry, including data privacy and security, fraud and abuse, health care transactions, antitrust, taxation, and insurance regulation. The health care delivery system … Continue Reading

Ninth Circuit Takes Broad View of What Is Required for a Licensee to Be “Independent”

On July, 23, 2018 a three-judge panel in the Ninth Circuit issued a decision in Obidi v. Wal-Mart Stores, Inc. (Case No. 17-55539), holding that a class-action suit against Wal-Mart and FirstSight Vision Services, Inc., a vision-only health care plan, can proceed on the theory that the defendants violated various California consumer protection laws by … Continue Reading
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