The OIG has streamlined its process for entering into resolutions with providers who inadvertently employed or contracted with excluded individuals. The penalties associated with employing or contracting an excluded individual are calculated based on either (i) the value of the billed services (for providers that bill directly) or (ii) the […]
Health Law Alert
Section 1557: Comply Now and Watch for Future Developments
The first set of compliance deadlines has passed for the final rule issued in May 2024 for Section 1557 of the Patient Protection & Affordable Care Act (“Section 1557”). Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, and disability in any health programs or […]
Loper Bright Begins its Matriculation: The End of the Chevron Doctrine and the Intersection with the Stark Law
As previously discussed in this newsletter, the end of the Chevron Doctrine brought about by the Supreme Court’s Loper Bright Enterprises v Raimondo decision set up the health care industry for a seismic shift. With much of true “health law” being found in regulatory and subregulatory guidance, it was more […]
The Latest on the Reproductive Health Care Rule: HHS Publishes Model Attestation while Texas AG Seeks to Enjoin Enforcement
The HIPAA Privacy Rule to support Reproductive Health Care Privacy (“Reproductive Health Care Rule”) went into effect on June 25, 2024, and compliance with most of the Final Rule is required by December 23, 2024. One of the most significant aspects of the Reproductive Health Care Rule in terms of […]
OCR’s Online Tracking Technology Bulletin: AHA Lawsuit Scores a Win; HHS Withdraws Appeal
The American Hospital Association (“AHA”) and a group of hospitals scored a big win recently in the U.S. District Court for the Northern District of Texas in the case of AHA, et. al v. Becerra, et. al. by convincing the court that OCR exceeded its authority by imposing new legal […]

