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

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.

Deal activity among hospitals, physicians and health plans will continue at a swift pace into 2021. In our fifth session, hear from industry thought leaders on how the pandemic is impacting private equity and strategic investments in the healthcare space.
Continue Reading Health Law & Innovation Virtual Series – Strategic Acquisitions and Investment Opportunities During a Pandemic

Thursday, October 22, 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.

Healthcare providers of all sizes have received portions of the recently available federal funds. Healthcare organizations that receive these funds will need to provide accountability for their use to ensure compliance. In our fourth session, a panel will discuss various avenues to manage enforcement risk.
Continue Reading Health Law & Innovation Virtual Series – Session IV Risk Management: Uncharted Waters

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?

Thursday, October 8, 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 are set to 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.

Our second session on October 8 will include a discussion on various aspects of how and why physician-hospital alignment models may change post-COVID-19. REGISTER NOW
Continue Reading Health Law & Innovation Virtual Series: Session II Developing Strategies Around Hospital and Physician Integration

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

On October 1, 2020 the Department of Health and Human Services (“HHS”) announced that it will distribute a total of $20 billion as part of Phase 3 of the Provider Relief Funds. The application for Phase 3 funding is now open and will be available from October 5 – November 6, 2020. However, HHS has urged providers to apply early, which may be an indication that the funds will be available on a first-come first-serve basis.

Below are some key details regarding Phase 3:
Continue Reading HHS Opens Application for $20 Billion of Phase 3 General Distribution Provider Relief Funds

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.

Continue Reading Updated Guidance on FEMA Public Assistance

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.
Continue Reading HHS Releases New Details on Provider Relief Fund Reporting Requirements