On May 11, 2023, the COVID-19 public health emergency (PHE) expired after nearly three and a half years. As anticipated, the Centers for Medicare & Medicaid Services (CMS) released a final rule to effectuate necessary changes to a series of regulatory requirements introduced in response to the PHE. The most […]
Health Law Alert
DOJ Withdraws Support of Health Care Anti-Trust Safety Zones
On February 3, 2023, the Antitrust Division of the Department of Justice (DOJ) withdrew its support for longstanding antitrust enforcement safe harbors in the health care industry.[1] Prior to this withdrawal, from 1993 to the date of withdrawal, when engaging in collaborative efforts or potential mergers or acquisitions, the health […]
Iowa Malpractice Cap Approved Under House File 161
In Iowa, House File 161 was enacted and went into effect February 16, 2023, revising Iowa Code § 147.136A. The new law establishes a cap on noneconomic damage awards against health care providers and hospitals. This tort reform comes at a welcomed time with many community-level hospitals across the state […]
No Surprises Act – HHS Delays Enforcement of Co-Facility and Co-Provider Good Faith Estimate Requirements
On December 2, 2022, the Department of Health and Human Services (“HHS”) issued an FAQ stating that it will delay enforcement of the requirement that Good Faith Estimates (“GFEs”) for uninsured (or self-pay) individuals include cost estimates from co-providers and co-facilities and will not begin enforcing that requirement beginning January […]
No Surprises Act – New Requirements and Revised Model Disclosure Notice
As the January 1, 2023, enforcement date for compliance with the No Surprises Act approaches, Final Rules released by the Department of Health and Human Services, the Department of Labor, and the Department of Treasury (the “Departments”) added new requirements for the information that plans and issuers must share with […]