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Mental Health Family

We continue to see an increase in fiduciary litigation involving employer-sponsored group health plans, particularly litigation involving mental health.  A recent New York Federal District Court case, Collins et al. v. Anthem, Inc. & Anthem UM Services, Inc., Case No. 1:20-cv-001969, is one example that may have wide-ranging impact. This case caught our attention because of its potential impact on plan design and plan administration of its mental health and substance use disorder (collectively “behavioral health”) benefits.
Continue Reading New York District Court: The Choice of Medical Necessity Criteria is a Fiduciary Act

SCOTUS CMS Vaccine Arguments

On Friday, January 07, 2022, the Supreme Court heard oral arguments on a rule promulgated by the Centers for Medicare & Medicaid Services. The Rule is being challenged by numerous states and CMS is currently enjoined from enforcing the Rule in half the country. The government petitioned the Supreme Court to stay the injunctions in…

E.D.Mo. Seal

Surprise! This morning a federal court in Missouri has ordered the Centers for Medicare & Medicaid Services (CMS) not to enforce the vaccine mandate in these states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota, and Wyoming.

Watch for the CMS/Biden Administration response today!

Team of healthcare workers

As mandated by President Biden’s January 21 Executive Order, OSHA has announced a National Emphasis Program (NEP) designed to protect workers from contracting COVID-19.  On March 12, 2021, OSHA announced its new national emphasis program that targets high-risk establishments in high-risk industries for programmed inspections and provides a heightened focus on employers that retaliate against employees who report or complain about unsafe working environments. In conjunction with the NEP, OSHA also issued an updated Interim Enforcement Plan to provide guidance on the policies and procedures it will employ to reduce and eliminate the risk of transmission of COVID-19 in the workplace. The issuance of the NEP is a strong indication that OSHA enforcement activity will increase in the short term.
Continue Reading OSHA Enforcement Activity Relating to COVD-19 Exposures Expected to Increase Under New NEP and Updated Interim Enforcement Response Plan

Covid-19 Pharmacy Testing

On October 1, 2020, Husch Blackwell conducted the first of an eight-part Health Law & Innovation Series. The first session, focused on vaccines, and was very well received. The discussion was moderated by Thomas N. Shorter, JD, FACHE, partner with Husch Blackwell and accompanied by panelists:

Safety Law Matters Blog

With scientists worldwide racing to develop a COVID-19 vaccine, many employers are asking if they can require employees to be vaccinated.  As with everything COVID-19, there are many open questions, but here are some of the major legal issues in considering mandatory vaccination policies. To learn more, please visit Husch Blackwell’s Safety Law Matters blog.

Coronavirus Covid-19 State of Emergency on a white background large graphic design.

On Monday, June 30, 2020, HHS spokesman Michael Caputo tweeted that HHS intends to extend the COVID-19 public health emergency before it expires on July 25, 2020. Once extended, the public health emergency will be effective for an additional 90 days. Extending the emergency declaration will allow providers to continue to use waivers and flexibilities issued to assist them in responding to the COVID-19 pandemic.
Continue Reading HHS Extends COVID-19 Public Health Emergency

After the U.S. Department of Health and Human Services (“HHS”) automatically distributed $30 billion to providers as Tranche #1 Relief Fund payments based on 2019 Medicare fee-for-service payment data, HHS subsequently released a new formula that was based on 2018 “program service revenue” and intended to calculate providers’ payments under Relief Fund Tranches #1 and #2 cumulatively.  For providers whose Tranche #1 payments alone exceeded their expected payment under the new “program service revenue” formula, there have been ongoing questions about whether such providers were “overpaid” and needed to reject and return their Tranche #1 payments.
Continue Reading CARES Act Provider Relief Fund: Connecting HHS’s Dots on Whether Your Tranche #1 Payment Is An Overpayment

Governor Laura Kelly signed Executive Order 20-26 which provides liability protections and regulatory flexibility for health care providers in the state of Kansas. The order went into effect on April 22nd and remains in effect until May 31st or until the COVID-19 state of emergency is declared over. The six page document eases regulatory requirements related to health care delegation and supervision as well as increases the pool of health care workers. Further, health care providers will be protected against liability for death or personal injury in response to COVID-19 care.
Continue Reading Kansas Governor Issues Protections for Health Practitioners and Expands Health Workforce

We understand the growing concern surrounding Coronavirus Disease 2019 (COVID-19) and the issues and uncertainties many nonprofit organizations throughout the country are facing as a result of its impact on everyday life around the world.  From the most immediate issues – such as addressing workplace safety issues for employees and community stakeholders – to long term budgetary concerns – such as contingency planning for reduced funding due to the current bear market – we have provided a recap of the various issues the nonprofit executives should address.
Continue Reading Coronavirus and Nonprofits