Legal Insights and Perspectives for the Healthcare Industry

The Antitrust Division of the US Department of Justice (DOJ) entered into a deferred prosecution agreement (DPA) with Florida Cancer Specialists & Research Institute LLC (FCS), a leading oncology provider in Southwest Florida, relating to allegations that FCS conspired to allocate medical and radiation oncology treatments for cancer patients with at least one other Florida oncology provider during a 17-year period.

As we all settle into our new sense of normalcy, Health Law Scan continues to monitor developments surrounding the coronavirus (COVID-19) pandemic. We have lawyers across the firm providing updates on a wide variety of topics to keep our clients apprised of all the developments.

Morgan Lewis is staying informed on all of the developments surrounding the coronavirus (COVID-19) pandemic. Our healthcare team continues to follow developments, producing a number of publications and webinars to help keep our healthcare industry readers informed.

COVID-19 Healthcare Provider Updates: We have hosted a number of brief webinars addressing questions of interest to healthcare providers during this time:

Our telecommunications, media, and technology group prepared a LawFlash discussing two programs that the Federal Communications Commission established on March 31 to help eligible healthcare providers purchase and deploy telehealth technology. The programs provide immediate relief for telehealth and healthcare providers during the coronavirus (COVID-19) pandemic and aim to improve telehealth outcomes over the longer term.

Read the LawFlash

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. We also have launched a resource 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.

The Center for Medicare and Medicaid Services (CMS) released a far-reaching interim final rule (IFR) to address the coronavirus (COVID-19) pandemic on March 30. The IFR represents a comprehensive set of policy changes designed to shift the provision of Medicare services from face-to-face care to remote care through telehealth, in order to mitigate the risks of exposure to COVID-19 for patients and healthcare providers. Above all else, the IFR prioritizes physically distancing patients from their care teams and other patients.

The IFR, with a display copy totaling 220 pages, is a massive rule issued at perhaps historic speed. Although it was published just three weeks after the passage of initial legislation (the CPRSAA), and only days after the passage of the CARES Act, the IFR touches on nearly every aspect of the Medicare program, including home health and hospice, intensive care services, radiation therapy management, physicians’ services, and inpatient rehabilitation.

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

We invite you to join us on Thursday, February 27 for our next installment of the Fast Break series. In a recent post, we highlighted staffing-related trends that arise in collective bargaining in the healthcare industry. For this month’s edition of Fast Break, we will be joined by partner Douglas Hart to discuss the recent National Labor Relations Board labor law changes and what healthcare providers should expect for 2020.

Register for the webinar now.

The Nuclear Regulatory Commission (NRC), which regulates the medical use of radioactive materials, recently updated guidance for materials licensees with respect to the administration of radioisotopes. In an Up & Atom blog post, Morgan Lewis partner Lewis Csedrik and associate Roland Backhaus address two recent NRC Information Notices on medical events involving overexposure to strontium-82/rubidium-82 generator elution and the administration of YU-90 microspheres, and discuss the NRC’s recommendations to prevent their reoccurrence.

Read the Blog Post>

While US healthcare institutions are poised to respond to any outbreak of the 2019 Novel Coronavirus (2019-nCoV), how should they prepare as employers for the questions and compliance challenges that arise in a public health crisis? In this LawFlash, our Labor, Employment, and Benefits team cautions that “employers must carefully balance concerns relating to employee and public safety with protecting employees from unnecessary medical inquiries, harassment, and discrimination—all while complying with immigration, leave, and medical privacy laws.”  Recommending that “[r]esponsibility should be assigned to specific individuals or teams to assess the hazard, communicate with employees and the public, and implement appropriate security measures,” they detail important information that employers should know before responding to an outbreak situation.

Read the LawFlash>

Check out our Responding to the 2019 Novel Coronavirus page for all of the latest developments.