Health Care Law Today

Starting September 19th, the American Telemedicine Association (ATA) will kick off an exciting and historic event, Telehealth Awareness Week. Created to highlight and reinforce the central role telehealth is playing in our everyday delivery of health care services to patients nationwide, especially during this unprecedented time of COVID-19, this event is a platform for members and partners of the ATA to raise awareness, educate, and support telehealth. Telehealth is health.   Foley & Lardner is…
Since Spring 2020, the Department of Health and Human Services (HHS) has distributed more than $150 billion in Provider Relief Funds (PRF) to health care providers that can be used to reimburse their expenses attributable to COVID-19 or to make up for revenue losses incurred during the pandemic. Providers are required to submit reports on the first distributions of PRF funding by September 30, 2021. On September 10, 2021, HHS, through the Health Resources and…
In the latest installment of our “Let’s Talk Compliance” series, Foley & Lardner’s Alexis Bortniker and PYA’s Martie Ross answered numerous questions regarding Provider Relief Fund (PRF) reporting requirements. A recording of the event is available here. Unfortunately, there were more questions from attendees than we could cover in 45 minutes, so as a supplement to the July 16 event, we have compiled those questions to offer the following responses. What “official” resources are available…
On August 13, 2021, the State of Illinois enacted a law, amending the Illinois Freedom To Work Act (the Law) to limit the enforceability of non-competition and non-solicitation agreements between employers and employees in Illinois. The restrictions apply to contracts entered into on or after January 1, 2022. Among the restrictions contained in the Law are: A prohibition on an employer entering into a “covenant not to compete” (which is defined to include adverse financial…
In this episode, Foley Partner Jana Kolarik and PYA, P.C. Principal Angie Caldwell come together again to discuss recent updates on fair market value and commercial reasonableness since COVID-19, and the impact that it has on physician compensation. You can find their first episode together by clicking here. Jana Kolarik is a partner and health care lawyer with Foley & Lardner LLP. Her practice focuses on health law issues, including health regulatory due diligence;…
In this episode, Foley Senior Counsel Adam Hepworth talks with Trent Stechschulte of Equitas Healthabout current hot issues related to Federally Qualified Health Centers (FQHCs). Adam Hepworth is a senior counsel and health care lawyer with Foley & Lardner LLP. His practice focuses on Medicaid and Medicare, internal audits and investigations, health privacy laws, and compliance with health care fraud and abuse laws. Adam has represented hospitals, Federally Qualified Health Centers (FQHCs), and other…
Editor’s Note: This article is the third of a four-part series discussing specific telemedicine and digital health features in the 2022 Medicare Physician Fee Schedule proposed rule. Read part 1 of this series here and read part 2 here. On July 13, 2021, the Centers for Medicare and Medicaid Services (CMS) released an advance copy of the calendar year (CY) 2022 Medicare Physician Fee Schedule (PFS) proposed payment rule, to be published on…
Editor’s Note: This article is the second of a four-part series discussing specific telemedicine and digital health features in the 2022 Medicare Physician Fee Schedule proposed rule.  To read part 1 of this series on the new Remote Therapeutic Monitoring codes, click here. The Centers for Medicare & Medicaid Services (CMS) has proposed permanent Medicare coverage of audio-only mental health telehealth services. Currently, Medicare covers audio-only telehealth under temporary waivers that will expire when…
The COVID-19 Public Health Emergency (PHE) is expected to prompt unprecedented levels of regulatory enforcement activity that is focused on the use of telemedicine. In fact, fraudulent and abusive telehealth practices was an area identified by the Department of Justice (DOJ) as an enforcement priority even prior to the COVID-19 PHE. Telehealth has been an important tool for ensuring access to necessary health care services during the PHE, and it has the potential to alleviate…
On June 30, 2021, the Centers for Medicare & Medicaid (CMS) released Open Payments data for the past year, 2020. This new data publication comes amid heightened government scrutiny of payments by drug and medical device manufacturers to health care providers. We offer below steps that manufacturers and providers can take to ensure compliance with the Open Payments program and related State laws. Background on the Open Payments Program The Open Payments Program is a…