On June 1, 2021, the Oregon Governor, Kate Brown, signed House Bill 2508A (“HB2508A” or the “Bill”) which, among other things, requires parity for healthcare services delivered through telehealth, upon satisfaction of certain criteria. The Bill expands coverage of and reimbursement for telehealth services in Oregon, promoting equitable and safe access to care.
A key
Healthcare Law Blog
Shaping the World of Healthcare Law
Latest from Healthcare Law Blog
Healthcare Antitrust Update: Key Antitrust Takeaways for Physician Groups
Like other players in the healthcare industry, physician groups are facing increased antitrust scrutiny from the Biden administration, with the Federal Trade Commission (the “FTC”) and Department of Justice, Antitrust Division (the “DOJ”) (together the “Agencies”) continuing to expand their enforcement focus to include all types of transactions involving physician groups, including both traditional combinations,…
The “State” of Telehealth: Illinois Moves to Expand Telehealth Coverage
On May 30, 2021, Illinois lawmakers passed House Bill 3308 (“HB3308” or the “Bill”) aimed at expanding the use of telehealth services in the state. The Bill would increase access and coverage to telehealth by establishing payment parity for behavioral health and substance abuse services and by establishing a panel to study payment parity for…
MITRE Corporation Outlines a Proposal for a Digital Health Revolution in New Report
On May 13, 2021, MITRE Corporation, a non-profit that provides engineering and technical guidance for the federal government, published a long-awaited report proposing a National Strategy for Digital Health (the “Report”). The proposed strategy provides a framework and prescribes tangible action items in order to revolutionize the American healthcare system through digital tools and…
CMS’ Next Generation Accountable Care Organization (NGACO) Model Set To End in December 2021
On May 21, 2021, the Centers for Medicare and Medicaid Services (“CMS”) announced that the Next Generation Accountable Care Organization (“ACO”) Model (“NGACO Model” or “Model”), set to end December 31, 2021, will not be extended after receiving a one-year extension due to COVID-19. The decision comes as a surprise to NGACO participants and other…
The “State” of Telehealth: Arizona (Part 2) Arizona Is All-in On Telehealth
In our January 26, 2021 blog post “Permanency for Out of State Telehealth Services? Arizona Seeks to Make Permanent Changes to Licensure Requirements”, we discussed Arizona’s push to make permanent resolutions to the temporary telehealth exceptions issued in connection with the public health emergency (the “Pandemic”). In that article, we also noted that…
HIPAA Privacy Rule Modification – Removing Barriers and Promoting Coordinated Care at What Cost?
On May 6, 2021, the comment period for the proposed modification to regulations implementing the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule and Health Information Technology for Economic and Clinical Health Act of 2009 (“HITECH”) closed. The Office for Civil Rights (“OCR”) at the Department of Health and Human Services (“HHS”)…
Biden’s American Rescue Plan Follows Trend Toward Outpatient Setting, Increase in ASC Investment
The Biden Administration’s American Rescue Plan Act of 2021 (H.R. 1319) (the “Act”) could present an opportunity for the growth of utilization of ambulatory surgery centers (“ASCs”), continuing the trend of migration of inpatient procedures to the outpatient setting. This shift toward the outpatient setting initially began prior to the COVID-19 public health…
FCC Announces Application Filing Window for Round Two of COVID-19 Telehealth Program
On April 15, 2021, the FCC announced that on Thursday, April 29, 2021 at 12:00 PM ET it will begin accepting applications for the second round of its COVID-19 Telehealth Program (the “Program”). The filing window will last for seven days and will close on Thursday, May 6, 2021 at 12:00 PM ET. All applications…
The Clock is Ticking on MHPAEA Compliance
By Xavier Baker
State and federal regulators, Congress, and the plaintiffs’ bar are increasingly focused on compliance with the Mental Health Parity and Addiction Equity Act (MHPEA), particularly given the opioid epidemic and COVID-19’s impact on mental health. MHPAEA compliance and enforcement is a top priority for the United States Department of Labor (DOL) and the National Association…
Implications of the Pandemic on Hospitals – New OIG Report, Government Response, and What Comes Next
As many of us are starting to see the small light at the end of the tunnel, many hospitals are still reeling from the stress of the last year. Following the recent release of “Hospital Experiences Responding to the COVID-19 Pandemic: Results of a National Pulse Survey March 23–27, 2020” (the “Report”), a…
OIG Warns Telehealth Industry: “With Great Power Comes Great Responsibility”
On February 4, 2021, the Department of Justice (“DOJ”), Office of Public Affairs, issued a Press Release (the “DOJ Press Release”) announcing that Kelly Wolfe, President of Regency, Inc., a medical billing company located in Florida, pleaded guilty to conspiracy to commit healthcare fraud through a “pernicious telefraud scheme”[1] involving fraudulent Medicare and CHAMPVA (Civilian Health and Medical Program of the Department of Veterans Affairs) claims for medically unnecessary durable medical equipment (“DME”) supplies. As a result of Wolfe’s criminal plea, Wolfe could face up to 13 years in federal prison. …
Senior Living Communities, Liability for COVID-19 Countermeasures, and the PREP Act: Is the Tide Turning for Providers?
In a February 10, 2021 ruling (the “Garcia Ruling”) out of the CDCA Court for the Central District of California (the “CDCA Court”) in the case of Gilbert Garcia et al v. Welltower OpCo Group LLC, et. al., 20-02250JVS (C.D. Ca. Feb. 10, 2021), the CDCA Court held that the Public Readiness and Emergency…
New Guidance on Health Plans’ COVID-19 Coverage Obligations
On February 26, 2021, the Departments of Labor, Health and Human Services (HHS), and the Treasury issued Frequently Asked Questions (FAQs) on the implementation of the Families First Coronavirus Response Act (“FFCRA”), the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), and other health coverage issues related to COVID-19.
COVID-19 Diagnostic Testing
FFCRA…
Vertical Deals in Healthcare: Key Antitrust Takeaways for Private Equity Firms
As it continues to grapple with the COVID-19 pandemic, the healthcare sector will face increased antitrust scrutiny from the Biden administration, with the Federal Trade Commission (the “FTC”) and Department of Justice, Antitrust Division (the “DOJ”) (together the “Agencies”) as the Agencies ramp up their reviews not just of “horizontal” transactions (i.e., deals between competitors),…
The Honeymoon Phase Is Over: OIG to Audit COVID-19 Part B Telehealth Services
Telehealth services and providers have been in high demand as the world copes with the COVID-19 public health emergency. Federal and state agencies have amended, and often loosened, regulations in an attempt to facilitate and expand access to telehealth. However, the honeymoon phase of relaxed oversight may be coming to an end as the world…