Electronic medical record with patient data and health care information in tablet. Doctor using digital smart device to read report online. Modern technology in hospital.

Since last year, the Husch Blackwell privacy attorneys have been working with various healthcare providers—from hospitals to hospices, to independent physician groups—to comply with the Information Blocking rule (the Rule) implemented by the Office of the National Coordinator for Health Information Technology (ONC) as part of the 21st Century Cures Act.  Recently, Education clients have been asking, “We’re a university – does the Information Blocking rule apply to our student health center?”  We discuss the answer to that question, along with practice tips, in this blog post.

Not So Common Employment Questions

As of April 27, 2021, 29.1% of the U.S. population has been fully vaccinated for COVID-19. With COVID-19 vaccine eligibility expanding to the general public, and states and cities relaxing COVID-19 restrictions, employers face the new challenge of navigating a partially vaccinated workforce. We previously addressed questions related to return-to-work and vaccination issues for employers here. Below are some additional, and recent, questions we’ve received from clients related to this topic.

Various pills bottles macro close up shot. Production of medicines bottles. Pharmaceutical concept of healthcare, pharma industry, medication and drugs production. Medical research and trials.

On April 27, 2021, the United States Tax Court held that legal fees incurred by generic drug manufacturers in connection with “Section 271(e)(2)” patent infringement suits are deductible as ordinary business expenses and need not be capitalized. The opinion contradicts longstanding IRS field advice, and has potential applicability to generic drug manufacturers and others who have capitalized legal fees in recent years.

Mental Health Family

On April 2, 2021, the Departments of Labor (DOL), Health and Human Services (HHS) and Treasury (collectively the “Departments”) jointly released nine (9) questions and answers (“FAQs Part 45”) related to recent changes made to the Mental Health Parity and Addiction Equity Act (“MHPAEA”) by the Consolidated Appropriations Act of 2021 (the “Appropriations Act”).

FAQs…

Not So Common Employment Questions

As vaccine distribution becomes widespread, and employees begin to return to work, we continue to field questions related to return-to-office plans in a post pandemic world. We previously compiled a list of FAQs, addressing COVID-19 safety protocols (here, here and here) that should be considered as the workplace opens for business. Below are some additional, and recent, considerations related to this topic.

Hospice Insights

In today’s episode of Hospice Insights: The Law and Beyond, Husch Blackwell’s Meg Pekarske is joined by colleagues Bryan Nowicki and Erin Burns to discuss the recent denial of physician visits. Over the last several months, a number of auditors have begun questioning the medical necessity of billed physician visits, claiming the physician services were…

The increase in physician practice mergers and acquisitions across most specialties is projected to continue for the foreseeable future. Healthcare attorneys Joe Geraci and Kate Bechen present alongside Brian Teefey, CPA and Corey Palasota of Weaver on a webinar addressing a multitude of transaction considerations including strategic, legal and financial. Register today: https://lnkd.in/emMy_xp

Not So Common Employment Questions

As businesses begin to reintegrate employees into their pre-pandemic workplaces, many of our clients have questions regarding return-to-work issues. In this edition of Funny You Should Ask, we address two questions many of our clients have asked during the past week. The answers below focus on compliance with federal law. As always, employers will need to take state and local laws into consideration in addition to federal law.