C&M Health Law

C&M Health Law

Analysis, commentary, and the latest developments in health care law and policy

Crowell & Moring

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Posted in Events, Litigation
Crowell & Moring has issued its “Litigation Forecast 2018: What Corporate Counsel Need to Know for the Coming Year.”  The health care section of the Forecast, “FCA Enforcement: Different, But Still Here,” outlines how health care companies should expect continued enforcement of the False Claims Act, but with perhaps different emphasis on key areas such… Continue Reading

Senate Finance Committee Members Hear from Partner Troy Barsky and Hospital System Executives on Necessary Stark Law Reforms

Posted in Fraud, Waste & Abuse, Health Care Reform & ACA, Medicaid, Medicare
Yesterday, our colleague Troy A. Barsky testified before the U.S. Senate Finance Committee led by Chairman Orrin Hatch (R-Utah) and provided recommendations for modernizing the Stark Law to regulate self-referrals without impeding the care coordination and value-based payment models promoted by health care reform legislation. Other witnesses before the Committee included Dr. Ronald A. Paulus,… Continue Reading

You’re Invited: Fostering Innovative Digital Health Strategies Conference June 23rd

Posted in Health IT
Accenture and Crowell & Moring LLP are excited to host the “Fostering Innovative Digital Health Strategies” conference on June 23, 2016 at the Crowell & Moring Washington, DC office. This event will bridge the intersection of business, legal, and policy issues that innovative companies face in developing and integrating successful digital health tools and platforms.… Continue Reading

Medicaid Managed Care Final Rule: Regulatory Convergence in a Post-ACA World, Novelty, and Modernizing Medicaid Managed Care

Posted in Fraud, Waste & Abuse, Medicaid, Medical Loss Ratios
On May 6, 2016, CMS published the Medicaid managed care final rule in the Federal Register. The Final Rule overhauls Medicaid managed care for the first time in 14 years and tracks many of the industry-wide developments that followed enactment of the ACA. Given the breadth of the rule, Crowell & Moring is covering it… Continue Reading

Congress Introduces Bipartisan Bill to Expand Telehealth, Remote Patient Monitoring

Posted in Fraud, Waste & Abuse, Health IT, Medicaid, Medicare
Last week, Democrats and Republicans from both chambers introduced the Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act (S. 2484, H.R. 4442), which would improve health care quality and realize cost savings by eliminating current restrictions on telehealth and remote patient monitoring. Click here to read our detailed analysis of… Continue Reading

Crowell & Moring’s 2016 Litigation & Regulatory Forecasts: What Corporate Counsel Need to Know for the Coming Year

Posted in Administrative Law, Antitrust, EHR, Health Care Reform & ACA, Health IT, Litigation, Medicaid, Medicare, Tax
Featured Industry: Health Care Spotlight on Best Practices, Litigation, Antitrust, and Tax for Health Care Companies Crowell & Moring LLP is pleased to release its “2016 Litigation & Regulatory Forecasts: What Corporate Counsel Need to Know for the Coming Year.” The reports examine the trends and developments that will impact health care companies and other… Continue Reading

HIPAA Guidance on Individuals’ Rights to Access Health Information

Posted in HIPAA & Privacy
On January 7, 2016, the HHS Office for Civil Rights released guidance on individuals’ right to access health information under the HIPAA Privacy Rule. The guidance clarifies areas of confusion and non-compliance by covered entities and business associates, particularly in light of the proliferation of electronic health records and electronic health information. Areas of emphasis… Continue Reading

2016 Appropriations Act Stalls ACA Taxes, Impacts Risk Corridors, and Tweaks Medicare & Medicaid Payments

Posted in Health Care Reform & ACA, Medicaid, Medicare
The recent appropriations law, which will fund the federal government through 2016, suspends three health care taxes enacted under the Affordable Care Act, continues to limit how the Centers for Medicare & Medicaid Services can fund the temporary risk corridors program for the exchanges, and refines Medicare and Medicaid payments and funding. Click here for… Continue Reading

HHS-OCR Announces Another HIPAA Security Rule-Related Settlement

Posted in Health IT, HIPAA & Privacy
Our colleagues at Data Law Insights have written about the HHS Office of Civil Rights’ $750,000 settlement with the University of Washington Medicine (“UWM”) announced this week.  This third settlement in as many weeks confirms that the security risk analysis continues to be a linchpin of OCR enforcement under the HIPAA Security Rule.  Indeed, the… Continue Reading

Regulatory Overreach and ACA Section 1557’s Proposed Anti-Discrimination Rules

Posted in Health Care Reform & ACA
The Department of Health and Human Services’ (HHS) proposed rulemaking for Section 1557 of the Affordable Care Act may vastly expand the reach of federal anti-discrimination laws into uncharted—and potentially unsupported—territory. Published on September 8, 2015, the proposed rule inspired thousands of comments from health insurers, advocacy groups, and individuals alike. Click here to read… Continue Reading

Health Care Industry Emerging Legal Issues Webinar Series – Privacy & Cybersecurity: Evolving Risks and Liability Trends

Posted in Events
Please join Crowell & Moring for the fourth in a series of webinars focused on key issues of importance to the health care industry on September 29, 2015 at 2 PM ET. With the size, severity, and complexity of cyber threats continuing to increase, health care companies are high risk targets due to the large… Continue Reading

HHS Issues Proposed ACA Section 1557 Anti-Discrimination Rules

Posted in Health Care Reform & ACA
On September 8, 2015, the Department of Health and Human Services Office for Civil Rights promulgated proposed regulations implementing Affordable Care Act Section 1557’s anti-discrimination provisions. Section 1557 applies federal anti-discrimination laws that prohibit discrimination based on race, color and national origin, sex, disability, and age to health care programs that receive federal funds, such… Continue Reading

Trailblazing Biosimilar Approval Delivers on Biologics Price Competition and Innovation Act’s Promise and Raises New Questions

Posted in FDA
The Food and Drug Administration’s (FDA) March 2015 approval of Zarxio, the first biosimilar product licensed under the Biologics Price Competition and Innovation Act of 2009 (BPIA) is expected to usher in a new wave of faster approvals, greater choice, and lower costs for the biologics market. Along with these exciting opportunities, however, come a… Continue Reading

Subscribe to the New Blog Whistleblower Watch for False Claims Act Developments

Posted in Uncategorized
Over 40 percent of money recovered by the Department of Justice from False Claims Act (FCA) suits involve fraud against federal health care programs. More importantly, nearly 89 percent of all new FCA matters in 2014 originated qui tam lawsuits brought by whistleblowers. Developments in FCA jurisprudence have innumerable consequences for the health care industry,… Continue Reading

What Corporate Counsel Need to Know in 2015 – Litigation and Regulatory Forecasts from Crowell & Moring

Posted in ERISA, Health Care Reform & ACA, HIPAA & Privacy, Litigation, Medicaid, Medical Loss Ratios, Medicare
Crowell & Moring’s 2015 Litigation and Regulatory Forecasts provide an in-depth look at the trends in the courts and in the regulatory agencies, both inside the Beltway and beyond, that will impact business in the coming year. The Litigation Forecast examines the latest litigation developments facing companies in areas ranging from health care and antitrust… Continue Reading