Publications

There is great uncertainty in our country today.  Americans are worried about their health and their livelihood. Many businesses are struggling.  Although the stock market has recovered in recent weeks, stocks are generally trading at lower values than in 2019 and the day to day markets are still unpredictable.  Across the […]

Finally, some good news in 2020!  On Thursday, July 2, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”), published its final rule explicitly exempting certain health care providers from the OFCCP’s enforcement activities as they relate to affirmative action.  Specifically, the final rule exempts TRICARE health care providers from […]

On Friday, June 12, 2020, the Office for Civil Rights (“OCR”) quietly released its “new” final rule enforcing the nondiscrimination provisions under Section 1557 of the Patient Protection and Affordable Care Act (“ACA”), which will replace the Obama-era Section 1557 rule originally effective on July 18, 2016. The new Section […]

On May 1, 2020, the Office of the National Coordinator for Health Information Technology (“ONC”) of the Department of Health and Human Services (“HHS”) published its final rule implementing certain provisions of the 21st Century Cures Act (“Cures Act”). The final rule has two areas of focus—implementing certain certification requirements […]

Providers across the country have, out of necessity, had to rely on Department of Health and Human Services (“HHS”) Secretary Alex Azar’s Section 1135 waivers of certain Medicare, Medicaid, CHIP and Stark rules in order to adapt their operations to the sudden and dislocating demands of the COVID-19 pandemic. In […]