Academic Medical Centers

hospital

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.

Team of healthcare workers

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.

Return-to-Campus Considerations Graphic

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

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.

Telehealth

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.

Economic Hardship Covid19

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.

Virtual Series

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.

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.

HHS Fund

In June of 2020, Husch Blackwell alerted non-profit healthcare organizations and higher education institutions of the availability of FEMA Public Assistance (PA) Program disaster relief funds pursuant to then published FEMA Guidance.  We have been assisting clients with navigation of their FEMA fund requests, and due to newly published Guidance, we recommend that such organizations closely evaluate potential claims depending upon when the expenses arise to understand which guidance applies.

HHS Fund

On September 19, 2020, the U.S. Department of Health and Human Services (HHS) released long-awaited details about upcoming reporting requirements for certain providers that accepted funding of one or more payments exceeding $10,000 from the Provider Relief Fund (PRF). Key aspects of HHS’ new PRF reporting guidance are summarized in today’s legal alert.