Section 501(r) of the Internal Revenue Code (“Code”) and the final regulations published by the IRS put into place very specific requirements for tax-exempt hospitals relative to financial assistance policies (FAPs) and community health needs assessments (CHNAs). The Code requires the IRS to perform desk reviews of the Form 990, […]
Publications
Deregulation Continues: CMS Proposes Reducing Medical History and Physical Examination (“H&P”) Requirements for ASCs and Acute-Care Hospitals
On September 20, 2018, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule that would “reform Medicare regulations that are identified as unnecessary, obsolete, or excessively burdensome on health care providers and suppliers” (“Proposed Rule”). One of the more significant proposals would eliminate the current comprehensive medical […]
Data Breach Notification Laws 2.0
Recently, Alabama 1 and South Dakota 2 joined the other 48 States by enacting data breach legislation that requires entities (private or public) to notify individuals of security breaches of information involving personally identifiable information. While the South Dakota’s law followed the majority of its predecessors, the Alabama law imposes […]
Regulation Migration: An Update on the Movement of Enforcement for Financial Services Companies from the Bureau to the States
Since the 2016 election, insiders for the financial services industry have predicted that the Trump Administration would bring not just a roll-back in federal regulation, but a different, more relaxed approach to enforcement as well. At the same time, others have predicted that any roll-back in federal oversight on the […]
Achieving Compliance with California’s New Privacy Law
In early 2018, California enacted the California Consumer Privacy Act of 2018, the most comprehensive data privacy law to date in the United States (the “Act”). The Act is intended to provide greater protection for consumer data gathered by businesses, and will become effective January 1, 2020. For a general […]

