Destination: Health Law

Winstead PC Shareholder Taylor White published the second article for his column in Texas Lawyer about labor and employment issues and trending topics. The article is titled “OSHA Emphasizes Enforcement Effort for COVID-19 Hazards in Certain Industries.” The article is below: Throughout the pandemic, the Occupational Safety and Health Administration (OSHA) has faced criticism that it was not doing enough to protect America’s workers from COVID-19 hazards. Then, on Feb. 25, the U.S. Office of
Winstead PC Shareholder Taylor White published the first article for his column in Texas Lawyer about labor and employment issues and trending topics. The article is titled “Best Practices and Considerations for Employers Regarding the COVID-19 Vaccine in the Workplace.” The article is below: “With states individually rolling out the COVID-19 vaccine to residents, employers are, and should be, beginning to consider their options with respect to employee vaccinations. The Centers for Disease Control and Prevention (CDC)…
Winstead attorneys Frank Amini, Ph.D. and Lekha Gopalakrishnan, Ph.D.  presented a webinar on the topic of protecting trade secrets. Watch On-Demand Webinar Trade secrets can be an institution’s most valuable and prolonged assets. However, maintaining trade secrets in an institution can be challenging because trade secret protection requires the implementation of proactive and consistent safeguarding measures. The implementation of such safeguarding measures can be particularly challenging if an institution has multiple employees, departments, offices,…
Winstead PC Shareholder Sarah Churchill Llamas recently spoke with Medpage today about the federal emergency orders in response to the Covid-19 pandemic that currently allow physicians to prescribe opioid medications to patients via telemedicine. An excerpt is below: “In the COVID-19 era, under relaxed federal emergency orders, licensed clinicians have been able to prescribe opioid analgesics for their patients even if they’ve only ever seen the patient via telehealth, rather than in person. For providers…
With COVID-19 surging as the United States enters the winter months and holiday season, employers in all industries can expect to grapple with significant COVID-19 hazards for the foreseeable future. Employers in the healthcare industry though are doubly burdened not only by increased workloads stemming from higher numbers of ill patients, but also by increased health and safety risks for their workers. Accordingly, healthcare employers should pay close attention to guidance and updates from the…
In the wake of the initial months of the COVID-19 pandemic, many practitioners have started to see a notable uptick in healthcare M&A activity through the third quarter of 2020.  Such activity spans from consolidation transactions in certain medical practice segments, accretive acquisitions in the hospice and home health space, business combinations to expand telemedicine offerings, and a growing interest in value-add healthcare real estate opportunities.  In most cases, the seller parties that have weathered…
It’s no secret that the Department of Justice has made the False Claims Act (“FCA”) a priority for years.  Last month, we discussed why regulatory changes in response to Covid-19 (e.g., STARK waivers) could provide additional bases for the government to bring FCA cases.  This post addresses the basics of cooperation credit for defendants who cooperate with the Department of Justice during an FCA investigation. Cooperation credit refers to a DOJ policy intended to incentivize…
As landlords and tenants continue to navigate the uncertainties of traditional office and retail properties in the era of COVID, one asset type that has emerged as more resilient in this new environment is life science real estate.[1] The spaces utilized by biotech and pharmaceutical companies, as well as medical research facilities, are highly technical, with site-specific functionality that cannot be replicated by remote work environments.  As a result, life science real estate continues to attract…
How do you take a negative and turn it into a positive? COVID-19 has made answering this question very difficult, as the pandemic continues to have a negative and in some cases long lasting and devastating impact on people’s daily lives and the many businesses that help sustain daily living.  One area of business that has been hit particularly hard, as a result of the pandemic, has been the hospitality industry. According to a new…
Background The U.S. Department of Health and Human Services (HHS) recently finalized transformative rules that will give patients unprecedented safe, secure access to their health data. The rules are issued by the HHS Office of the National Coordinator for Health Information Technology (ONC) and Centers for Medicare & Medicaid Services (CMS) to implement interoperability and patient access provisions of the bipartisan 21st Century Cures Act (Cures Act).  These final rules mark the most extensive healthcare…