The U.S. Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services (HHS) recently issued a regulation that extends the full set of telemedicine flexibilities regarding the prescribing of controlled medications that were implemented during the COVID-19 public health emergency (PHE). The flexibilities are now extended through […]
Health Law Alert
New Nebraska Open Meeting Notice Requirements Beginning in 2025
Beginning January 1, 2025, Nebraska law will impose new notice requirements for meetings of a public body. Legislative Bill 287 (“LB 287”) amends the Nebraska Open Meetings Act, Nebraska Revised Statutes sections 84‑1407–1414 (the “Act”)[1], in several significant ways. LB 287 amends section 84-1411 to include a new requirement and option […]
OIG Process for Settlements with Health Care Organizations That Employed or Contracted With Excluded Individuals
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 […]
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 […]