Ashley N. Southerland is a counsel in the Washington, D.C., office of Crowell & Moring, where she practices in the firm’s Litigation and Health Care groups.
Ashley’s litigation practice spans various industries, including health care, higher education, and hospitality. She represents domestic and multinational companies in complex litigation, as well as in arbitrations involving contractual disputes. In her health care practice, Ashley counsels private health care entities—including hospitals, health care providers, and managed care organizations—in a wide range of state and federal regulatory matters involving the False Claims Act, the physician self-referral law (Stark Law) and the Anti-Kickback Statute, and Medicare and Medicaid compliance. Ashley is also engaged in counseling private universities in the areas of compliance and litigation risk management.
By Jodi G. Daniel, Ashley N. Southerland and Maya Uppaluru on Posted in FDA,Health IT,Medicaid,MedicareThe Food and Drug Administration (FDA) has announced several new initiatives that reflect its ongoing commitment to maintain patient safety, while also championing the need and opportunity for health care innovation. During opening day of Health Datapalooza, FDA Commissioner Scott Gottlieb highlighted the critical import of novel digital health tools in achieving patient-centered care, and… Continue Reading
By Jodi G. Daniel, Ashley N. Southerland and Payal Nanavati on Posted in Health ITOn March 6, 2018 at the Healthcare Information and Management Systems Society (HIMSS) 2018 conference, Centers for Medicare & Medicaid Services (CMS) Administrator Seema Verma announced a new initiative furthering the current Administration’s focus on value-based care and increasing patient access to healthcare data. The initiative — called MyHealthEData — will be led by the… Continue Reading
By Jodi G. Daniel and Ashley N. Southerland on Posted in Health ITOn September 26, 2016, the Office of the National Coordinator for Health Information Technology (ONC) released guidance, entitled EHR Contracts Untangled, to help providers navigate the complexities of electronic health record (EHR) vendor contracting. The guidance breaks down important considerations for selecting EHR systems, and provides strategic pointers – including sample contract language – to… Continue Reading
By Jodi G. Daniel and Ashley N. Southerland on Posted in Health ITEarlier this month, the Office of the National Coordinator for Health Information Technology (ONC) released a report to Congress on the feasibility of creating tools to help providers compare and select certified health IT products. As part of the Medicare Access and CHIP Reauthorization Act (MACRA), Congress required ONC to conduct a study to examine… Continue Reading
By Ashley N. Southerland on Posted in EHR,HIPAA & PrivacyContinuing to usher in a new wave of EHR technology changes, on September 11, 2014, the Office of the National Coordinator for Health Information Technology (“ONC”) adopted the “2014 Edition Release 2” final rule, which provides alternative criteria and approaches for the voluntary certification of heath information technology. The final rule, effective October 14, 2014,… Continue Reading
By Ashley N. Southerland on Posted in EHR,HIPAA & PrivacyOn September 4, 2014, the Department of Health and Human Services (“HHS”) published a final rule modifying the Medicare and Medicaid Electronic Health Record (“EHR”) Meaningful Use Incentive Program. The modification brings welcome change, allowing increased flexibility while also assuaging several provider concerns. The new rule, effective October 1, 2014, comes in response to numerous… Continue Reading
By Ashley N. Southerland on Posted in Health Care Reform & ACAThe Centers for Medicare & Medicaid Services (“CMS”) recently announced that it had identified and contacted more than 300,000 people to obtain proof of their citizenship or legal residency status. Failure to provide this documentation by September 5 could result in these individuals losing their Affordable Care Act (“ACA”) health coverage, effective September 30. This… Continue Reading
By Ashley N. Southerland on Posted in HIPAA & PrivacyThe U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced in an April 22, 2014, press release that two separate entities—Concentra Health Services (“Concentra”) and QCA Health Plan, Inc. (“QCA”)—collectively have paid almost $2 million to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)… Continue Reading
By Ashley N. Southerland on Posted in HIPAA & PrivacyIn a March 2014 report, the United States Government Accountability Office (GAO) identified major and on-going challenges with the practical implementation of the Health Information Technology for Economic and Clinical Health (HITECH) Act. The HITECH Act provides funding to promote the adoption and “meaningful use” of health information technology (HIT), as well as certified electronic… Continue Reading
By Ashley N. Southerland on Posted in Exchanges,Health Care Reform & ACAThe Obama Administration recently announced a policy change indicating that the Fiscal Year (FY) 2015 budget sequester will not cut cost-sharing subsidies for low-income enrollees in Affordable Care Act (ACA) health plans. According to a March 10, 2014 Office of Management and Budget (OMB) report detailing the federal government’s sequestration-based spending reductions for FY 2015,… Continue Reading
By Ashley N. Southerland on Posted in Exchanges,Health Care Reform & ACA,Medicaid,TaxOn January 27, 2014, the Internal Revenue Service (IRS) issued proposed regulations (“Proposed Regulations”, available here) clarifying the penalties imposed on nonexempt persons who fail to maintain minimum essential coverage as required by Internal Revenue Code (Code) Section 5000A. Very generally, Code Section 5000A requires nonexempt persons to either (1) maintain minimum essential coverage, or (2)… Continue Reading