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Veterans Medical Marijuana Bills Introduced Ahead of Military Appreciation Month

By: Kendall A. Schnurpel and on May 7, 2021

May is National Military Appreciation Month in the U.S. and several members of Congress are trying to address a hurdle that many of our service men and women face in utilizing state-legal medical cannabis as a result of ongoing federal prohibition. First, on April 15, 2021, the Veterans Medical…

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Between a Rock and a Hard Place – 340B Covered Entities Sidelined as Battle Over Drug Pricing Continues

By: Brandon W. Shirley and Meghan M. Linvill McNab on April 20, 2021

Recent conflicting court rulings from different U.S. District Courts sitting in separate federal circuits put 340B covered entities on the sidelines as the battle over the legality of policies designed to limit the scope of that program continues. The policies (“340B Policies”), implemented by drug…

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Constant Vigilance! Recent Microsoft Exchange Hack Reveals the High Cost of Letting Your Guard Down.

By: Brandon W. Shirley and Shelley M. Jackson on April 20, 2021

In March 2021 the Microsoft threat center announced a significant cyberattack that affected certain Microsoft Exchange users with on-premises servers throughout the world. For at least two months, hackers apparently successfully exploited vulnerabilities in the Microsoft Exchange system, giving…

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Time for a Check Up: HIPAA Privacy Rule Modified for the First Time Since 2013

By: Robert A. Anderson, Stacy Walton Long, Stephanie T. Eckerle, Shelley M. Jackson, and Virginia A. Talley on March 23, 2021

On December 11, 2020, we published Speak Now or Forever Hold Your Peace: HHS Proposes Modifications to the HIPAA Privacy Rule. In it, we shared that the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) has proposed certain modifications to the Health Insurance…

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Pros and Cons of Health Care Private Equity

By: Thomas N. Hutchinson and Brian M. Heaton on March 12, 2021

Private equity (or PE) continues to have a strong interest in physician practices, surgery centers, and other health care ventures.

What is PE? At its core, PE is an alternative investment class consisting of capital that is not listed on a public exchange. PE is comprised of funds and…

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Beware the Ides of March - New Price Transparency Requirements Take Effect(?)

By: and on March 12, 2021

While the federal Hospital Price Transparency Rule went into effect on January 1, 2021, a similar Indiana price transparency law is also set to go in effect later this month. By March 31, 2021, all hospitals and ambulatory surgical centers (“ASCs”) must post on their website certain state specific…

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Why Are You Really Here? Government Increasingly Skeptical of Paid Physician Speaking Engagements

By: Brandon W. Shirley and Marc T. Quigley on March 12, 2021

The Office of Inspector General (“OIG”) is skeptical of physician speaking engagements paid by pharmaceutical and medical device companies. In a recent Special Fraud Announcement, the OIG issued warnings to physicians who are not employees of sponsoring companies and are paid to espouse the…

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Hurry Up and Wait: HHS Delays Reporting Requirements on Coronavirus Provider Relief Funds

By: Andrew W. Breck and Meghan M. Linvill McNab on February 10, 2021

On January 15, 2021, HHS updated its guidance on the reporting requirements for recipients of payments under the Coronavirus Provider Relief Fund (“PRF”) that exceeded $10,000 in the aggregate.  This latest notice supersedes the previous guidance communicated by the agency on November 2, 2020 and…

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Does Wining and Dining EHR Prospects Trigger False Claims Act Liability?

By: Robert A. Anderson and Marc T. Quigley on February 10, 2021

Athenahealth, Inc. (“Athena”), an electronic health records (“EHR”) vendor, recently paid $18.25 million to settle allegations that it violated the False Claims Act by using extravagant gifts to persuade prospects to buy its electronic medical record system. In its Complaint, the government did not…

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Is Your Non-Compete Buy-Out Reasonable?

By: Thomas N. Hutchinson, Robert A. Anderson, and Amy J. Adolay on January 27, 2021

As we reported previously, earlier this year, the Indiana Legislature passed House Bill 1004, which created a new law affecting physician noncompete agreements and physician separations codified at Indiana Code 25-22.5-5.5 that went into effect on July 1, 2020.

The new law sets out five provisions…

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Show Me the Records: OCR Holds Providers Accountable Under HIPAA Right of Access Initiative

By: Stacy Walton Long and on January 27, 2021

As if to underscore Health and Human Services’ (“HHS”) commitment to electronic medical record interoperability and against information blocking, OCR closed out 2020 with a sweeping number of enforcement actions under its HIPAA Right of Access Initiative (“Initiative”). OCR also didn’t hesitate to…

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MFAR Dies, but Not Without Leaving a Trace- New Supplemental Payment Reporting

By: Meghan M. Linvill McNab and Amanda K. Schipp on January 14, 2021

As we previously reported, on September 14, 2020 CMS Administrator Seema Verma announced, via a tweet, that CMS was withdrawing the proposed rule titled “Medicaid Fiscal Accountability Rule” (“Proposed Rule”).  While the Proposed Rule was marketed as promoting transparency of the Medicaid program,…

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