radar Health Law Scan

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.
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.
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.
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.
June was another busy month for the healthcare industry. We begin this month with a recap of must-reads from Health Law Scan and our NOW. NORMAL. NEXT. resource page, along with on-demand replays of recent webinars.
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.
To keep you abreast of these changes, our tax lawyers have produced a chart, updated regularly, detailing state and local responses to COVID-19.
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.