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Legal Insights and Perspectives for the Healthcare Industry

Our immigration colleagues recently published a LawFlash on the July 29 decision by the US District Court for the Southern District of New York to grant a preliminary nationwide injunction to temporarily block the continued implementation of the public charge rule during a public health emergency such as the coronavirus (COVID-19) pandemic. Two days later, the US Citizenship and Immigration Services (USCIS) released a new proposed fee schedule with increased filing fees, set to take effect on October 2, 2020.

Read the LawFlash

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 >>

Our global employment and immigration team details a number of recent developments with important implications for the US healthcare industry. These include a ruling by the US Supreme Court to lift the October 2019 injunction on the public charge rule, visa reciprocity changes for France and Australia, the potential expansion of the list of countries subject to the administration’s travel ban, and eligibility changes for E-1 treaty trader and E-2 treaty investor visas affecting Iranian nationals. Recent studies show that nearly one in four US healthcare industry workers are immigrants. To that end, healthcare industry employers should be aware of and consider how these changes may impact their workforce.

Read US Supreme Court Allows Public Charge Rule on Immigration to Move Forward >>

Read Travel Ban Countries List Likely to Expand; Visa Restrictions to Impact Nationals of Iran, France, Australia >>

On January 13, the Committee on Foreign Investment in the United States (CFIUS) published the final rules implementing the Foreign Investment Risk Review Modernization Act (FIRRMA). FIRRMA ushered in substantial changes and expanded the scope of CFIUS and its impact on foreign investment in the United States. The new rules, effective February 13, make permanent the proposed regulations published in September 2019 and will likely have wide-ranging implications for foreign investment in the healthcare industry, particularly from the new focus on access to “sensitive private data” of the US business from investments.

Join partners from the Morgan Lewis CFIUS Working Group for two webinars where we will outline key changes from the September 2019 proposed regulations and the anticipated impact on cross-border investments. The first webinar will be geared toward CFIUS for foreign entities and the second toward CFIUS for domestic entities.

Register now: CFIUS for Non-US Entities – Thursday, January 30

Register now: CFIUS for US Entities – Friday, January 31

In this LawFlash, our US labor/management relations team tracks new developments at the National Labor Relations Board (NLRB) as 2019 progresses. These include three significant proposed changes affecting union election procedures that demonstrate just how fully the NLRB has embraced rulemaking for addressing significant areas of labor law. Also addressed are a number of highly consequential decisions affecting employers, including those in the healthcare industry.