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 […]
Health Law Alert
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 […]
ONC Releases Final Information Blocking Rule; Compliance Challenges Lie Ahead
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 […]
When Will Section 1135 Waivers End and What Should Providers be Doing?
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 […]

