Academic Medical Centers

On Thursday, January 14, 2021, President Biden’s administration announced its proposed $1.9 trillion COVID-19 stimulus relief plan: “The American Rescue Plan” (“Plan”). The Plan contains wide-ranging support for those affected by the pandemic. Notably, the Plan proposes to require all employers of any size to provide paid leave and to significantly extend the required paid

The pandemic of 2020 tested the mettle of our nation’s healthcare system in many unexpected and profound ways. As healthcare delivery was being rapidly restructured to accommodate COVID-19 diagnosis and treatment and socially-distanced care, bad actors simultaneously began to exploit the increased number of vulnerabilities in health information systems created by telehealth platforms, patient portals and the inattention of stressed, overworked staff. The result was an unprecedented number of cyberattacks culminating in an alert from the Cybersecurity and Infrastructure Security Agency (CISA) on October 28, 2020 addressing the plague of ransomware activity targeting the healthcare and public health sector.
Continue Reading Healthcare Perspectives on Data Privacy Day 2021

We previously outlined the requirements of the Hospital Price Transparency Rule (the “Rule”), which goes into effect January 1, 2021. See The Price Transparency Rule Goes Into Effect January 1, 2021 – Is Your Hospital Ready?  Since releasing that blog post, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision, ruling against the American Hospital Association and other hospital groups and upholding the District Court’s grant of summary judgement for the Department of Health and Human Services (“HHS”).  Among its allegations, the American Hospital Association had contended that the Rule exceeded HHS’ statutory authority, violated the First Amendment, and was arbitrary and capricious under the Administrative Procedure Act.
Continue Reading Court of Appeals Upholds Hospital Price Transparency Rule

Widespread COVID-19 vaccination is considered critical for many employers to return employees to work safely and resume normal business operations in the future. As such, many employers have been asking whether they can require, incentivize or encourage employees to get vaccinated, and what liabilities they may face if they choose any of these options.
Continue Reading EEOC Issues COVID-19 Vaccine Guidance, Allowing Employer Mandates

Return-to-Campus Considerations is a limited series addressing the legal and practical considerations that institutions of higher education should keep in mind when responding to coronavirus-related concerns.

In this final installment, Husch Blackwell attorneys Mary Deweese and Ragini Acharya discuss the use of clinical students and student volunteers in the care of COVID-positive patients, identifying key considerations for academic medical centers and other institutions of higher education as they navigate decision-making with respect to their clinical programs. This webinar addresses issues related to liability and risk management, clinical affiliation agreements, and compliance with accreditation and licensing requirements, and also identifies what institutions should keep in mind for the next semester with respect to COVID-19 vaccinations.

Tune in here: https://bit.ly/3h1Cz6x
Continue Reading COVID-19 and Clinical Programs – Part IV of our Return-to-Campus Considerations Recorded Webinar Series

Effective on January 1, 2021, the Price Transparency Rule (the “Rule”) requires all hospitals operating within the United States to make public a list of their standard charges for items and services via the Internet in a machine-readable format. Hospitals must also provide prices for a list of 300 shoppable services that must be made publicly available in a searchable, consumer-friendly format. This requirement is being enforced with the intent to enable healthcare consumers to make more informed decisions based on cost, increase market competition, and ultimately drive down the cost of healthcare services, making them more affordable for all patients.  Many hospitals are spending time now to determine which “items and services” require price disclosure under the Rule, and some have found that the Rule does not provide sufficient guidance in all situations.
Continue Reading The Price Transparency Rule Goes Into Effect January 1, 2021 – Is Your Hospital Ready?

On May 1, 2020, the Department of Health and Human Services, Office of the National Coordinator for Health Information Technology (ONC) released its final rule (Final Rule) on “Information Blocking” as part of the 21st Century Cures Act. The Final Rule applies to the following (ONC refers to each one as an “Actor”): (i) healthcare providers, (ii) health IT developers subject to ONC’s Health IT Certification Program, (iii) health information networks (HIN) or (iv) health information exchanges (HIE). With the initial enforcement date fast approaching (November 2), we explain the rule below.
Continue Reading Information Blocking: Ready or Not, Here it Comes!

The Department of Health and Human Services (“HHS”) continues to modify guidance related to reporting requirements of the provider relief funds (“Relief Funds”) that were part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The initial Post-Payment Notice of Reporting Requirements were released on July 20, 2020 and then later modified on September 19, 2020. We analyzed those changes in a previous article. In its latest guidance from October 22, 2020, HHS modified the Post-Payment Notice of Reporting Requirements for Relief Funds which should benefit providers.
Continue Reading Post-Payment Notice Reporting Requirements Revised

Thursday, October 15, 2020 – Live Webinar | Noon – 1:00 p.m. CDT

Please join Husch Blackwell as we go virtual with our Health Law Conference. The series will include a range of important topics relevant to the healthcare industry, and will be moderated by Curt Chase, leader of the firm’s Healthcare, Life Sciences and Education team; Hal Katz, American Bar Association, Health Law Section, Chair; and Tom Shorter, American Health Law Association, President-Elect Designate. The webinar programs will be offered every Thursday through November 19.
Continue Reading Health Law & Innovation Virtual Series – Virtual Health: Who Will Be Leading Tomorrow? CMS, Consumers, COVID-19?

In the wake of a record number of Covid-19 cases and with flu season around the corner, Governor Tony Evers and Wisconsin Department of Health Secretary Designee Andrea Palm issued a new emergency order on October 1, 2020. Emergency Order #2 is designed to help address an anticipated surge in healthcare staffing needs.

Continue Reading Emergency Order #2 Targets Staffing Demands in Wisconsin Healthcare Facilities