radar Health Law Scan

Legal Insights and Perspectives for the Healthcare Industry
The Centers for Medicare & Medicaid Services (CMS) issued a statement on March 9 related to actions the agency is taking to protect the health and safety of patients and providers. CMS urges providers to stay abreast of CDC guidance on the 2019 Novel Coronavirus (COVID-19).
As part of emergency funding to combat the threat of the 2019 Novel Coronavirus (COVID-19), last week Congress waived many of the telehealth restrictions for Medicare services in certain situations. This monumental change could—depending on how it is implemented—radically alter how telehealth is performed in connection with the government’s most ubiquitous healthcare program.
In the Care Alternatives False Claims Act (FCA) appeal, a panel of the US Court of Appeals for the Third Circuit on March 4 reversed the summary judgment granted to hospice provider Care Alternatives at the district court, disagreeing with AseraCare precedent out of the US Court of Appeals for the Eleventh Circuit, and holding that clinical disagreement alone may comprise legal falsity and is sufficient to create a triable issue of fact for the jury.
Partner Reece Hirsch recently attended and spoke at the 2020 Health Datapalooza held in Washington, DC.
In an action especially significant to hospice providers but also other healthcare providers regarding the determinations of medical necessity for Medicare billing purposes, the US Department of Justice (DOJ) and AseraCare have just agreed, following a mediation, to settle for $1 million the long-running False Claims Act qui tam litigation matter in which the United States had previously sought $200 million in liability.
Join Morgan Lewis over the next month for these programs focused on the healthcare industry
We invite you to join us on Thursday, February 27 for our next installment of the Fast Break series.
In an Up & Atom blog post, our lawyers address two recent NRC Information Notices on medical events involving overexposure to strontium-82/rubidium-82 generator elution and the administration
The Centers for Medicare & Medicaid Services (CMS) unveiled the Healthy Adult Opportunity initiative on January 30.
In this LawFlash, our antitrust and competition team details increased jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Act announced by the Federal Trade Commission (FTC) on January 28.