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Health Care Counsel Blog

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The Centers for Medicare & Medicaid Services (CMS) calendar year 2022 rule finalizing changes to payment policies under the Physician Fee Schedule (PFS) and Medicare Part B (the Final Rule) was published on November 19, 2021. The Final Rule takes effect January 1, 2022.
A handful of recent court decisions have brought a small degree of resolution and simultaneously a large degree of uncertainty to what we at Arent Fox affectionately refer to as the “340B Saga.”
Arent Fox is pleased to announce that Health Care Partners Debra Albin-Riley and Lowell C. Brown have been named to Daily Journal’s exclusive list of Top Health Care Lawyers 2021
On Friday, November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) issued a comprehensive interim final rule, the Omnibus COVID-19 Health Care Staff Vaccination rule.
On November 2, 2021, CMS published the 2022 Hospital Outpatient Prospective Payment System Final Rule that addressed its previously-proposed penalties for hospital non-compliance with price reporting requirements.
CMS published the 2022 Physician Fee Schedule Final Rule on November 2, 2021. The Rule keeps intact CMS’s temporary physician supervision requirements related to the provision of telehealth services.
Proposed Rules Seek to Repeal Multiple Trump Era Regulations That Received Prior Industry Scrutiny 
Effective October 18, 2021, Xavier Becerra, the Secretary of Health and Human Services renewed the declaration of the COVID-19 public health emergency (PHE) that was first declared on January 20, 2020.
In this podcast, Partner Lowell C. Brown discusses how physician and hospital leaders can best prepare for and manage disciplinary action against disruptive practitioners.
The Pharmaceutical Research and Manufacturers of America (PhRMA) – a leading lobbying and advocacy group for drug manufacturers – has released an updated version of its “Code on Interactions with Health Care Professionals” (the PhRMA Code or the Code).
In Natarajan v. Dignity Health, the Supreme Court rejected a physician’s challenge to a peer review hearing officer based on alleged financial bias. In doing so, the Court gave hospitals helpful and long-needed guidance regarding such challenges
CMS has released a proposed rule (the Proposed Rule) which, if finalized and adopted, would rescind the Trump Administration’s attempt to align reimbursement under Medicare Part B for certain drugs with benchmark pricing obtained from surveys of other countries.
The Centers for Medicare & Medicaid Services (CMS) has issued its annual proposed rule related to the Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems (HOPPS) (the Proposed Rule). Comments on the Proposed Rule are due no later than September 17, 2021. 
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On July 29, 2021, the California Supreme Court issued a major anti-SLAPP decision in Bonni v. St. Joseph Health System et al. The decision is both encouraging and disappointing for California medical staffs and the hospitals where they serve.
With COVID-19 rates again rising rapidly among unvaccinated individuals, California health care and government leaders are pushing to increase vaccination rates for healthcare workers in the state.
Expanded telehealth services temporarily permitted during the COVID-19 public health emergency would be further extended to December 21, 2023, in order for CMS to conduct analyses regarding permanent expansion of certain telehealth services.
The Centers for Medicare & Medicaid Services (CMS) calendar year 2022 rule proposing changes to payment policies under the Physician Fee Schedule (PFS) and Medicare Part B (the Proposed Rule) will officially be published in the Federal Register on July 23, 2021.
On July 19, 2021, the Secretary of Health and Human Services (HHS) renewed the declaration of the COVID-19 Public Health Emergency (PHE), effective July 20, 2021.
On July 1, 2021, the Departments of Health and Human Services, Labor, and Treasury, and the Office of Personnel Management, released a much-anticipated interim final rule designed to protect Americans from surprise medical bills.
In this clip from our webinar, “Legal and Operational Considerations for Healthcare Employers During This Ever Changing Time of COVID and Vaccines,” Health Care Partner Jill Steinberg addresses the operational and regulatory concerns of mandating the COVID-19 vaccine.
The United States Supreme Court has agreed to hear a case that has a direct impact on the 340B Drug Discount Program (the 340B Program) and how Medicare will reimburse hospitals for dispensing of 340B covered drugs, as well as other reimbursement issues.
Health Care Partner Lowell Brown and Associate Annie Chang Lee will present as part of the California Association Medical Staff Services’ (CAMSS) 50th Annual Education Forum on June 24, 2021.
Our panel kicks off the “Legal and Operational Considerations for Healthcare Employers During This Ever Changing Time of COVID and Vaccines” webinar with this timely question.
Our panel offers insight on providing incentives vs. mandating the COVID-19 vaccine during the “Legal and Operational Considerations for Healthcare Employers During This Ever Changing Time of COVID and Vaccines” webinar.