In July, the Substance Abuse and Mental Health Services Administration (“SAMHSA”) published an update to 42 CFR Part 2, better known simply as “Part 2.” This rule, as part of the “Regulatory Sprint to Coordinated Care,” finalizes certain changes proposed last year. These changes should not be overlooked by the […]
Health Law Alert
IRS Issues Proposed Excess Compensation and Parachute Payment Rules
On June 5, 2020, the Internal Revenue Service (“IRS”) issued proposed rules under Section 4960 of the Internal Revenue Code (the “Code”), as added by the Tax Cuts and Jobs Act (Pub. L. 115-97). While there may be significant press about these rules, the good news is that they will […]
American Hospital Association v. Azar: Upholding CMS’s Final Rule on Price Transparency for Hospitals
On June 23, 2020 the U.S. District Court for the District of Columbia upheld a final rule requiring hospitals to publicly post “standard charges” on the internet in Am. Hospital Assoc. v. Azar, No. 1:19-cv-03619 (D.D.C. June 23, 2020). The Centers for Medicare and Medicaid Services’ (“CMS”) final rule on […]
OFCCP Exempts TRICARE Participants from Affirmative Action Obligations
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 […]
It’s Déjà Vu All Over Again: New Section 1557 Final Rule Eliminates Taglines, Notices of Nondiscrimination, and More
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 […]