Health Law Alert

Over the last year and a half, hospitals nationwide have been targets for administrative subpoenas seeking information related to the provision of gender affirming care (“GAC”) on minors. This slew of administrative subpoenas issued by the U.S. Department of Justice (the “DOJ”) to hospitals has prompted concern related to both […]

On October 1, 2025, the federal government entered a partial shutdown halting many government operations. Congress was not able to pass a measure to extend the temporary waivers that allow Medicare patients to continue accessing telehealth services from their homes before entering the shutdown. Because of this, telehealth flexibilities lapsed […]

In a recent Health Law Alert, we briefly discussed the U.S. Department of Justice (DOJ) National Security Division’s data security program (DSP), emphasizing the focus on the health care information and data security environment.  The DSP went into effect on April 8, 2025, however, DOJ did not prioritize enforcement from […]

More than eighteen months have passed since the Northern District of Texas court in AHA v. Becerra ruled that certain guidance issued by the Office for Civil Rights (OCR) on the use of online tracking technologies was not lawful and could therefore not be enforced.  Yet hospitals are still grappling […]

The Medicare program provides for payment to critical access hospitals (CAHs) of their reasonable cost-based facility services.  It also allows CAHs to elect the Optional Payment Method (Method II) which additionally pays professional services at 115% of the physician fee schedule.  If a CAH elects the Optional Payment Method, physicians […]