Health Law Alert

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 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 […]

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 […]

The Centers for Medicare and Medicaid Services (CMS) recently released updated model signage outlining patients’ rights under the Emergency Medical Treatment and Labor Act (EMTALA).  CMS recommends, but is not requiring, that hospitals adopt the new model signage.  The CMS memorandum describing the updated signage recommendations is available here. CMS […]

On June 2024, the US Supreme Court overturned a 1984 ruling referred to as the Chevron Doctrine, which instructed lower courts to defer to federal agencies when federal statutes were either silent or ambiguous on the issue in controversy.  Deference was encouraged even if the lower court judge thought that […]