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Legal Insights and Perspectives for the Healthcare Industry

The coronavirus (COVID-19) pandemic has brought a dramatic shift from in-person healthcare visits to telehealth services around the world, unveiling a new normal for providing healthcare services. Our global healthcare industry team authored a LawFlash to highlight how regions, including the United States, China, Singapore, and the United Arab Emirates, around the world have quickly adapted to providing telehealth services as a means to prevent exposure to COVID-19 and allow for patients to get in the in-person care they need.

Read the full LawFlash >>

The Centers for Medicare and Medicaid Services (CMS) recently announced that it intends to resume both prepayment and postpayment medical reviews conducted by the Medicare Administrative Contractors, Supplemental Medical Review Contractors, and Recovery Audit Contractors, including those under the Targeted Probe and Educate program, on August 3, 2020:

Healthcare is a highly regulated space, and regulators are continuing to issue new policies and regulations to address the critical needs for goods and services to combat the coronavirus (COVID-19), while also protecting the public health. Companies beyond just healthcare and life sciences should be aware of the relevant regulatory and legal requirements to avoid enforcement and liability requests.

In this LawFlash, you will find an overview of key areas of law and regulation, including FDA regulation, product liability and the PREP Act, clinical testing oversight, digital health and telehealth, and healthcare regulation and reimbursement, that impact companies marketing products or services to support COVID-19 efforts.

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Congress did not address federal taxation of Provider Relief Fund Payments when the CARES Act became law on March 27, 2020. In this LawFlash, our tax team analyzes the Internal Revenue Service’s recently published answers  to frequently asked questions regarding taxation of these payments to healthcare providers.

Noting the upcoming July 15 deadline for both first and second quarter 2020 estimated tax payments, the authors underscore that providers will need to assess the impact of these funds on those estimates and prepare to make remittances accordingly.

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Modern Healthcare recently named Morgan Lewis as the largest healthcare law firm for the fifth year in a row. The annual “Largest Healthcare Law Firms” list highlights law firms that have dedicated practices and staff to meet the needs of healthcare and life sciences clients.

We are honored to be recognized by Modern Healthcare and are thankful to our clients who entrust us with their work.

View our press release >>

Much to the relief of the healthcare provider community, US Department of Health and Human Services (HHS) spokesperson Michael Caputo tweeted on Monday that HHS intended to extend the public health emergency that was declared earlier this year.

As coronavirus (COVID-19) cases begin to surge in Texas, Governor Greg Abbott issued Executive Order No. GA-27 on June 25 to preserve hospital bed availability for COVID-19 patients. The executive order directs acute care hospitals in Bexar, Dallas, Harris, or Travis counties to postpone certain procedures and surgeries. In a recent LawFlash, we highlight the details of the order, and insights surrounding elective procedures in Texas and other areas in the United States. Banee Pachuca, Sydney Reed, and Jake Harper recently hosted a Fast Break discussing elective procedures in various states, including Texas.

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The coronavirus (COVID-19) pandemic has triggered a number of state and local actions with respect to tax filings, assessments, exemptions, donations, and payment deadlines, including exempting personal protective equipment and alcohol for sanitizing purposes from tax liability.

To keep you abreast of these changes, our tax lawyers have produced a chart, updated regularly, detailing state and local responses to COVID-19. 

See the chart on state and local tax responses >>

In this LawFlash, our Tax and Employee Benefits and Executive Compensation teams describe proposed regulations recently released by the Internal Revenue Service implementing Internal Revenue Code Section 4960. Section 4960 imposes a 21% excise tax on certain executive compensation paid to employees of tax-exempt organizations, including nonprofit hospital systems. The proposed regulations address important questions concerning the applicability of Section 4960. Those interested in submitting comments on the proposed regulations have until August 10, 2020 to do so.

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