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Legal Insights and Perspectives for the Healthcare Industry

In this LawFlash our Labor, Employment, and Benefits team details the long-anticipated ruling by the US Supreme Court in Bostock v. Clayton County that held Title VII’s ban on discrimination extends to gay, lesbian, and transgender individuals. The decision comes on the heels of a recent US Department of Health and Human Services announcement rolling back certain healthcare protections extended to LGBT individuals as part of the Affordable Care Act (ACA). Noting that the Supreme Court’s ruling will have a sweeping impact on federal antidiscrimination law, the LawFlash discusses key recommendations for employers and policy implications for the ACA.

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Congressional stimulus packages appropriated $175 billion in relief funds under the CARES Act and the Paycheck Protection Program and Health Care Enhancement Acts for the benefit of hospitals and other healthcare providers in response to losses incurred due to the coronavirus (COVID-19) pandemic.

In a recent LawFlash, our colleagues in the white collar practice discussed the US Department of Justice’s (DOJ’s) Criminal Division’s update to its Evaluation of Corporate Compliance Programs guidance, which is used by its prosecutors to assess the adequacy and effectiveness of corporate compliance programs in corporate criminal resolutions. The updated guidance retains nearly all of the language and questions contained in the previous guidance released in April 2019, but the new update provides clarifications and refinements in key areas, including with regard to access to compliance-related data. Healthcare companies may be interested to review the recent updates that provide insights and useful clarification that can aid legal and compliance departments.

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Please join us for a webinar on Wednesday, June 3 at 3:00 pm ET to discuss the issues associated with the pursuit of funds under business interruption insurance coverage and FEMA public assistance and how they may intersect with the acceptance of terms and conditions associated with the CARES Act provider relief funds.

Partners Jay Konkel, Jeff Raskin, and Susan Feigin Harris will discuss these issues and some common scenarios presented by client questions.

See more information on the program >>

Register now >>

Authors’ Note: In what may be emblematic of the legal landscape in the time of coronavirus (COVID-19), after we finalized the blog post below for publication regarding the US Department of Health and Human Services updates to the HHS FAQs relating to the CARES Act Relief Fund payments made by HHS on May 19, the agency later added or updated its FAQ on the night of May 20, with some notable changes. These updates have been included (and emphasized in italics) in this republication.

With just days left until provider attestations are due related to acceptance of CARES Act Provider Relief Funds, the US Department of Health and Human Services (HHS) has recently been updating its FAQs, providing some additional clarity, and potentially confusion, surrounding the acceptance of Relief Funds from its initial tranche $30 billion of General Distribution payments. Attestations for the first tranche of payments on April 10 are due May 25, and HHS continues to furnish guidance regarding the details of the General Distribution Relief Fund.

Morgan Lewis has recently launched a new resource for our clients and friends, Now. Normal. Next., to help navigate the world as we reemerge into a new post-pandemic reality. Health Law Scan will continue to monitor developments around the coronavirus (COVID-19) pandemic, and will begin to highlight our resources to help our healthcare clients navigate the myriad of challenges brought by this new reality.

Some of our recent publications of interest to healthcare companies include:

Check out our Now. Normal. Next. insights on:

Coronavirus COVID-19 Task Force

For our clients, we have formed a multidisciplinary Coronavirus COVID-19 Task Force to help guide you through the broad scope of legal issues brought on by this public health challenge. Find resources on how to cope with the post-pandemic reality on our NOW. NORMAL. NEXT. page and our COVID-19 page to help keep you on top of developments as they unfold. If you would like to receive a daily digest of all new updates to the page, please subscribe now to receive our COVID-19 alerts, and download our biweekly COVID-19 Legal Issue Compendium.

In a recent LawFlash, our colleagues in the white collar practice discuss the potential for higher education institutions to face criminal and civil liability if they are not in compliance with federal law in the administration of federal grants and expenditure of federal research dollars, as recent cases tied to simultaneous research in China show.

The team highlights that in light of the vital importance of scientific research in combatting the coronavirus (COVID-19) pandemic, and continued strain on aspects of the US–China relationship, the higher education community can expect to see sustained focus by US law enforcement on these matters.

Read the full LawFlash.

We are celebrating our 10th year of Technology May-rathon, our annual webinar series focusing on current technology issues, trends, and developments. This year, we have a full schedule of webinars with discussions on privacy and big data, global commerce, fintech, the coronavirus (COVID-19) pandemic, and more. Be sure to register for the many healthcare webinars our lawyers will be presenting on:

And don’t forget to visit our 2020 Technology May-rathon page for our full list of programs!

CMS posted an expanded set, dated April 29, of Medicare regulatory flexibility measures for hospice organizations related to the coronavirus (COVID-19) pandemic, supplementing the previous COVID hospice flexibilities guidance from March 29.