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.
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
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
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
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 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
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