Health Law Alert

Ten years ago, health care antitrust enforcement activity was markedly different than today’s landscape.  While the government has always focused its antitrust efforts on the health care industry, its approach, aggressiveness and rulemaking has significantly shifted.  The “bear” has been awakened. On May 9, 2024, the Department of Justice (DOJ) […]

The Office for Civil Rights (OCR) has been quite busy the last several weeks communicating with HIPAA covered entities through several different formats – updated Guidance, a Dear Colleague Letter and an FAQ webpage – to remind covered entities of their obligations under HIPAA.  In each of these communications, OCR […]

The Centers for Medicare and Medicaid Services (CMS) recently updated guidelines for obtaining and documenting informed consent.  QSO-24-10[1] outlines CMS’ revisions and clarifications to the hospital interpretive guidelines.  While this guidance specifically summarizes the requirements for acute hospitals, critical access hospitals should also review and update policies and processes for […]

In 1990, Congress enacted the Patient Self-Determination Act (“the Act”), requiring that patients be informed of their rights under state law to consent to and refuse medical therapies on an informed basis.  This federal law focuses on the patient’s right to refuse treatment, including life-sustaining services, recognizing that there is […]

On February 8, 2024, CMS released updated guidance regarding the use of texting for orders. In prior guidance from 2018, CMS had stated that while it acknowledged that the use of texting had become an essential means of communication among hospital staff and providers, the texting of patient orders would […]