Health Law Advisory

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The worldwide spread of coronavirus prompted the Centers for Medicare & Medicaid Services (“CMS”) to issue a reminder to all Medicare providers and suppliers of their responsibilities to consider “emerging infectious diseases” under their emergency preparedness plans. In September 2016, CMS released final emergency preparedness regulations that require nearly all Medicare...
In October of 2018, President Trump signed into law the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act ("SUPPORT Act"), which included a controversial section entitled the Eliminating Kickbacks in Recovery Act of 2018 ("EKRA").  EKRA is targeted at making illegal the prevalent practice of...
The Federal Trade Commission (“FTC”) has a statutory right under the Hart Scott Rodino Act (“HSR”) to review acquisitions and mergers over certain financial thresholds. However, many “standard transactions” do not satisfy the financial thresholds and thus no advance notification to the FTC of the transaction is required. While determining whether...
Late evening on January 28, 2020, the U.S. Department of Health & Human Services (“HHS”) Office for Civil Rights (“OCR”) issued an Important Notice Regarding Individuals’ Right of Access to Health Records (“Notice”). The Notice came just five days after a federal court issued a crushing blow to HHS in a...
During the opening day of the Nebraska legislative session, State Sen. Carol Blood (LD 3) introduced the Nebraska Consumer Data Privacy Act (LB 746) (“Act”), which borrows most of its provisions, almost word for word, from the California Consumer Privacy Act ("CCPA"). In short, the Act, if passed, would place limitations...

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