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Susan Feigin Harris, Scott A. Memmott, Kathleen P. Rubinstein, Robert L. Abramowitz, Michele L. Buenafe, Gregory N. Etzel, Ryan Kantor, Ayman A. Khaleq, Alexander L. Reid, Mark B. Stein
radar Health Law Scan
Legal Insights and Perspectives for the Healthcare Industry

Check Out Our Upcoming Events – March 2021

February 25, 2021
We invite Health Law Scan readers to join Morgan Lewis over the next month for upcoming webinars and speaking engagements featuring members of our healthcare team.
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Topics: Events

LawFlash: OSHA Issues Guidance on Mitigating and Preventing COVID-19 Spread in the Workplace

By Susan Harthill , Jonathan L. Snare , Kaiser H. Chowdhry , and Mikaela Shaw
// February 18, 2021
Our labor and employment team recently published a LawFlash covering the Occupational Safety and Health Administration’s new employer guidance on workplace safety during the COVID-19 pandemic. This new guidance, released on January 29, recommends that employers implement a COVID-19 prevention program, explores key measures for limiting the spread of COVID-19, and highlights other new and noteworthy recommendations.
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Topics: COVID-19, Employers, Guidance Documents, OSHA, Pandemic

Check It Out – Three Considerations for AI Healthcare Application Developers and Users

By Dennis C. Gucciardo
// February 16, 2021
Our FDA team recently published an Insight covering key considerations for artificial intelligence (AI) healthcare application developers and users, highlighting the FDA’s current regulatory scheme for AI/machine learning (ML)-based software, potential FDA enforcement discretion that may apply, and recent FDA developments impacting AI/ML technologies.
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Topics: Artificial Intelligence, Digital Health, FDA, Guidance Documents, Healthcare

Join Us — Immigration Under the Biden Administration: The Evolving Business Immigration Landscape

February 11, 2021
Please join members of our immigration team for a webinar on Wednesday, February 17 at 1:00 pm ET, examining the impact of the Biden administration on US business immigration policy through legislative proposals, redirected agency priorities, and regulatory shifts, and what these initiatives may foretell for US employers that seek to recruit and hire talented foreign nationals.
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Topics: Consolidated Appropriations Act, COVID-19, Executive Order, Guidance Documents, Health Plans, Healthcare Transactions, Immigration, Public Charge, Regulatory, Vaccine

Tele-Tuesday: Global Telehealth Series – United Kingdom’s Telehealth Expansion

By Jayne McGlynn and Paul Ranson
// February 09, 2021
In the most recent edition of our global telehealth series, we take a look at the United Kingdom’s telehealth expansion, discussing the UK National Health Services’ recently released guidance providing a set of best practice principles for third-party partners to follow. The LawFlash covers telehealth laws and regulations and the role of the EU General Data Protection Regulation, as well as looks forward to future changes and reform.
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Topics: Digital Health, GDPR, Healthcare, National Health Service, Telehealth

LawFlash: President Biden Expands Access to Affordable Care Act Exchange Plans, Women’s Reproductive Health

By Gregory N. Etzel , Bryan M. Killian , Susan Feigin Harris , and Howard J. Young
// February 04, 2021
Our healthcare team recently published a LawFlash covering President Joe Biden’s two new health-focused executive actions, the Strengthening Medicaid and the Affordable Care Act and the Protecting Women’s Health at Home and Abroad memorandum.
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Topics: Affordable Care Act, Executive Order, Healthcare, Medicaid

Insight – Vaccine Development and Distribution: Legal Considerations for US Healthcare Providers and Other Employers

By Susan Feigin Harris , John P. Lavelle, Jr. , Sharon Perley Masling , Kathleen M. Sanzo , Lauren A. West , and Daniel A. Kadish
// February 02, 2021
Members of our vaccine taskforce recently published an important Insight outlining a selection of key legal considerations and updates as the COVID-19 vaccine rollout continues to take shape, including the status of the US Food and Drug Administration’s vaccine products, distribution, key legal issues at the state level, employer mandates and employee incentives, and important liability concerns.
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Topics: COVID-19, Employees, Employers, FDA, Pandemic, Vaccine

LawFlash: Fifth Circuit Vacates Civil Money Penalty, Finds MD Anderson in Compliance with HIPAA

By B. Scott McBride , Gregory N. Etzel , John W. Petrelli , and David B. Salmons
// January 28, 2021
Our healthcare team recently published a LawFlash on a significant victory in the US Court of Appeals for the Fifth Circuit for The University of Texas MD Anderson Cancer Center. The case involved an appeal of a proposed civil money penalty (CMP) related to a Health Insurance Portability and Accountability Act data breach enforcement action brought by the US Department of Health and Human Services' Office for Civil Rights (OCR).
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Topics: Civil Money Penalty, Healthcare, HHS, HIPAA, Hospitals, OCR

Morgan Lewis Lawyers Discuss Vertical Merger Guidelines in Journal of Health and Life Sciences Law

By David R. Brenneman , Ryan Kantor , Zachary M. Johns , and Bernard W. Archbold
// January 26, 2021
Insight from our antitrust team was recently featured in an article for the American Health Lawyers Association’s Journal of Health and Life Sciences Law.
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Topics: Antitrust, DOJ, FTC, Healthcare

In Case You Missed It: Hospice Updates and Guidance

By Howard J. Young and Kathleen P. Rubinstein
// January 21, 2021
Members of our healthcare industry team have published two LawFlashes that may be of particular interest to hospice clients and friends of Health Law Scan, referring to recent Anti-Kickback Safe Harbor Revisions and the Consolidated Appropriations Act, 2021.
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Topics: Anti-kickback, CMS, Consolidated Appropriations Act, Enforcement, GAO, Healthcare, HHS, Hospice, Lawflash, OIG, Safe Harbors, Value-Based Care
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