Publications

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 […]

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 […]

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 […]

Today, the Supreme Court issued its long awaited decision in Seila Law LLC v. Consumer Financial Protection Bureau. At issue in the case was whether the Consumer Financial Protection Bureau’s (“CFPB”) structure with its single director – appointed by the president, confirmed by the Senate, and removable only for cause […]

On June 19, 2020, the IRS released long-anticipated guidance on the retirement plan distributions which were authorized in light of the COVID-19 pandemic under the CARES Act.  (For more information related to the retirement plan distributions authorized by the CARES Act, click here and here). Most significantly, the guidance expands […]