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Legal Insights and Perspectives for the Healthcare Industry

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 invite you to join our international trade and national security practice on Thursday, May 7, for a webinar on Foreign Influence and Conflicts of Interest in US Universities and Nonprofits Receiving Federal Funds. US universities, nonprofits, and faculty that receive federal funding and grants are required by a number of laws and regulations to disclose foreign gifts and contracts to the federal government. These laws and regulations are based on the understanding that when research institutions fail to meet disclosure requirements, they can compromise the integrity of taxpayer-funded research and allow federal funds to accelerate foreign research and development, sometimes to the detriment of national security interests.

The Morgan Lewis healthcare team continues to monitor the developments surrounding the coronavirus (COVID-19) pandemic. We are acutely aware of what the healthcare service provider community is currently facing and are here to help. We are hosting two webinars a week to address the evolving unprecedented legal issues that arise from pandemic. The webinars will be held on Tuesdays and Thursdays. Below we provide the webinars we have previously hosted, and we will keep our COVID-19 Healthcare Provider Update Webinars page updated with the latest webinars.

UPCOMING SESSIONS

PREP Act and Other Considerations for Hospitals Experimenting with COVID Treatments – 4.7.20

COVID-19 Healthcare Provider Update Webinars – 4.9.20

The US District Court for the District of Oregon on November 2 issued a temporary restraining order (TRO) to block the new health insurance requirement for immigrant visa applicants from taking effect on November 3, 2019. As discussed in an earlier alert, the White House issued a presidential proclamation that sought to deny admission to the United States of “immigrant” foreign nationals that will “financially burden the United States healthcare system.” The proclamation effectively deems aliens seeking to immigrate permanently to the United States inadmissible unless they will be covered by “approved” health insurance within 30 days of their entry into the United States or have the financial resources to pay for “reasonably foreseeable” medical costs.

Our global employment and immigration team recently issued alerts on decisions that affect the healthcare industry. The team discussed a new presidential proclamation that effectively makes foreign nationals inadmissible to the United States unless they have “approved” health insurance coverage, and noted that a trio of district courts have halted federal enforcement of the public charge rule. The team had previously summarized the public charge rule, which will not take effect so long as the district court lawsuits are pending.

Read New DHS ‘Public Charge’ Rule Could Have Employment-Based Implications >

Read USCIS to Implement New Public Charge Rule; White House Introduces Health Insurance Requirement for Immigrant Visa Applicants >

Read Federal Courts Halt New Public Charge Rule >

A final rule released by the US Department of Homeland Security will make it more difficult for foreign nationals who use public benefits to adjust or extend their immigration status in the United States based on their likelihood of becoming a “public charge” in the future. The rule also expands the list of programs that can lead to a public charge determination to those that provide healthcare and social services to vulnerable populations including Medicaid, SSI, SNAP, TANF, and federal housing benefits.

Members of the Morgan Lewis healthcare team joined more than 1,200 professionals in attendance at the 2019 Annual Meeting of the American Health Lawyers Association recently held in Boston. This year’s conference was notable for a group of educational sessions on how the acceleration of digital technology is redefining the healthcare industry. Presenters stressed the importance for healthcare systems to have a digital strategy in place for maintaining relevance in this fast-changing environment, which one speaker likened “to building a plane while you fly it.”