Health Law Matters
Our health care blog strives to provide relevant legal insights that impact the health care industry and focus on state and federal regulations that affect health care entities and health care professionals. Our goal is to apprise health care professionals of the newest changes in the law to enable them to adapt and remain compliant in a highly-regulated legal environment. Frost Brown Todd’s health care innovation team is committed to keeping pace with these changes and providing updates to those in the health care industry.
Recent Blog Posts
OSHA Issues New COVID-19 Safety Rules for Healthcare Sector and New Guidelines for All Industries
June 11, 2021 | Blogs
On June 10, 2021, the Department of Labor’s (DOL) Occupational Safety and Health Administration (O...
Third Party Indemnity Claims: What Health Care Providers Need to Know
June 9, 2021 | Blogs
A recent case from the Indiana Court of Appeals highlights the parameters of Indiana’s Medical Mal...
FDA Reverses Exemption of Seven Class I Gloves from 510(k) Premarket Notification Process
May 19, 2021 | Blogs
On April 16, 2021, the Federal Drug Administration (FDA) issued two notices in reaction to the Janua...
Ohio Expands Access to Medical Marijuana Dispensary Licenses
April 22, 2021 | Blogs
On April 19, 2021, the State of Ohio Board of Pharmacy approved increasing the number of medical mar...
Key Definitions for New Stark Law Exceptions and Anti-Kickback Statute Safe Harbors for Value-Based...
March 16, 2021 | Blogs
As the health care industry continues to integrate, providers and health care professionals are chal...
New HIPAA Proposed Rule Expands Consumer Rights Over PHI
March 10, 2021 | Blogs
The Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking (the “NPR...
Business Associate Liability Under HIPAA
March 1, 2021 | Blogs
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule applies only to...
Ohio Proposes a Hospital Licensure System
February 19, 2021 | Blogs
In the first draft of the State of Ohio budget, Governor Mike DeWine has proposed that hospitals bec...
New Stark Law and Anti-Kickback Statute Safe Harbors Promote Value-Based Arrangements
February 12, 2021 | Blogs
On November 20, 2020, the Centers for Medicare & Medicaid Services (CMS) and the Department of H...
FDA Permanently Exempts Seven Class I Gloves from 510(k) Premarket Notification Process
January 28, 2021 | Blogs
Update: As of April 16, 2021, it appears the FDA may be reversing course with respect to its prior e...
New Transparency in Pricing Rules Require Health Insurers to Disclose Health Care Cost and Cost-Shar...
November 16, 2020 | Blogs
On October 29, 2020, the Department of Health and Human Services, the Department of Labor, and the D...
Work RVUs Up, Medicare Conversion Factor Down – How Will it Impact Your Organization?
October 7, 2020 | Blogs
In its 2021 proposed Medicare Physician Fee Schedule, the Centers for Medicare and Medicaid Services...
Attention Ohio Laboratories! Act Fast For Involvement in Medical Marijuana Program
July 28, 2020 | Blogs
The Ohio Medical Marijuana Control Program (the “OMMCP”) is scheduled to accept new testing labo...
Apply Now – New Provider Relief Funds for Medicaid and CHIP Providers
July 14, 2020 | Coronavirus Response Team
The IRS has recently issued FAQ guidance regarding the tax implications for providers who are the ...
Nursing Homes Should Brace for Additional COVID-19 Regulations, Surveys, and Oversight
May 19, 2020 | Blogs
In response to the large number of adverse outcomes at nursing homes across the U.S., the Center for...
HHS Waives HIPAA Requirements for Community-Based Testing Sites
May 18, 2020 | Blogs
The Department of Health and Human Services (“HHS”) recently released a notification of enforcem...
Cultivators and Processors Impacted Most by Proposed Ohio Medical Marijuana Rule Changes
May 11, 2020 | Blogs
The Ohio State Board of Pharmacy (the “Board”) has filed amended rule changes to the Ohio Medica...
West Virginia Reopens Outpatient Health Care Services
May 6, 2020 | Blogs
West Virginia continues to gradually and safely reopen health care services. Governor Jim Justice fi...
Consumers Regain Control of Health Care Data Through New Rule
May 4, 2020 | Blogs
Newly published federal rules will now give more power to consumers in controlling their personal he...
$75 Billion More to Come to Health Care Providers – But To Whom and How Remains a Question
May 1, 2020 | Coronavirus Response Team
As most health care providers (and many of their patients) are aware, the CARES Act allocated $100 b...
Kentucky Begins Reopening Health Care Facilities
April 30, 2020 | Blogs
The Kentucky Cabinet for Health and Family Services issued an order April 27, 2020, allowing for cer...
Ohio Alert: Elective Procedures and Surgeries No Longer Postponed, but Risk Assessment Necessary
April 24, 2020 | Blogs
This will come as welcomed news to Ohio health care providers struggling financially during the COVI...
West Virginia Plans to Reopen Starting with Elective Surgeries
April 23, 2020 | Blogs
West Virginia has a plan to start to reopen for business. Governor Jim Justice laid out this plan th...
Temporary Suspension of Enforcement of HIPAA’s Privacy & Security Requirements For Telehealth...
April 22, 2020 | Blogs
On April 21, 2020, the United States Secretary (the “Secretary”) for Health and Human Services (...
Guidance Specifically for Rural Health Clinics and Federally-Qualified Health Centers During the COV...
April 20, 2020 | Blogs
Rural health clinics (RHCs) and federally qualified health centers (FQHCs) are among the health care...
CMS Issues Interim Final Rule for Medicare and Medicaid Program Revisions in Response to COVID-19 Cr...
April 17, 2020 | Blogs
The Centers for Medicare and Medicaid Services issued an Interim Final Rule (“Rule”) containing,...
A Deeper Dive into Virtual Services
April 16, 2020 | Blogs
While innovation in communication (and Medicare reimbursement) has been evolving, the COVID-19 crisi...
Stark Law and Anti-Kickback Statute Enforcement Eased During COVID-19 Crisis
April 16, 2020 | Blogs
In response to COVID-19, the Centers for Medicare and Medicaid Services (CMS) issued a document sett...
Guidance Specifically for Rural and Critical Access Hospitals During the COVID-19 Pandemic
April 14, 2020 | Blogs
The Coronavirus Aid, Relief and Economic Security (CARES) Act and the Centers for Medicare and Medic...
COVID-19 Alert: Private Health Insurance Enrollees Will Not Pay For COVID-19 Diagnostic Testing
April 14, 2020 | Blogs
On April 11, 2020, the federal government issued guidance to ensure that Americans with private heal...
Free Money, Pretty Much: Medicare Providers to Automatically Receive $30 Billion in Relief Funds Fro...
April 10, 2020 | Coronavirus Response Team
The CARES Act signed into law on March 27, 2020, provides $100 billion dollars in “Provider Relief...
Private Nonprofit Health Care Organizations’ Guide to FEMA Reimbursement for COVID-19 Related Expe...
April 9, 2020 | Coronavirus Response Team
Recently, our Coronavirus Response Team discussed the potential for private nonprofit organizations ...
Medicare and Medicaid Programs: Interim Final Rule Issued in Response to the COVID-19 Public Health ...
April 7, 2020 | Blogs
On March 31, 2020, the Centers for Medicare and Medicaid Services (“CMS”) released an Interim Fi...
President Trump Delegates Additional Authority Under the Defense Production Act in Response to COVID...
April 2, 2020 | Blogs
As summarized in a prior bulletin, on March 23, 2020, the President of the United States issued Exec...
COVID-19: Rules Relaxed for Prescribing Controlled Substances via Telehealth
April 1, 2020 | Blogs
Amid responses to the COVID-19 emergency, telehealth has been a frequent area of development. The Se...
COVID-19: Top Eight Telemedicine Updates for Mental Health and Substance Use Disorder Providers
March 31, 2020 | Blogs
The COVID-19 outbreak has led to several changes with respect to the delivery of mental health and s...
COVID-19: Can Protected Health Information Be Disclosed to First Responders?
March 30, 2020 | Blogs
As the number of confirmed COVID-19 cases rises, first responders now must operate in a world with a...
Federal Government Acts to Prevent Hoarding of Critical Medical Resources for Treatment and Preventi...
March 27, 2020 | Blogs
On March 23, 2020, the President of the United States issued Executive Order 13910 entitled “Preve...
CMS Guidance re Programs of All-Inclusive Care for the Elderly
March 26, 2020 | Coronavirus Response Team
On March 24, 2020, the Centers for Medicare and Medicaid Services (“CMS”) hosted a call for Prog...
Telehealth Expansion: CMS’ Response to The Covid-19 National Emergency
March 18, 2020 | Coronavirus Response Team
As businesses across all industries respond to the national emergency, the Center for Medicare and M...
Introduction to Private Equity’s Acquisition of Medical Groups
March 2, 2020 | Blogs
Private equity’s expansion into healthcare has proliferated in the past decade, with over 181 priv...
Employment Law Post-Op – The Tale of the Tardy Technician
February 25, 2020 | Blogs
Woody Allen famously said that 80% of success is showing up. However, in some settings, including ho...
Could the Expansion of 340B Lead to its Ultimate Demise?
January 30, 2020 | Blogs
The 340B Drug Pricing Program is a federal government program created in 1992 that requires drug man...
The Physician’s Checklist for Starting a Direct Primary Care Practice
January 29, 2020 | Blogs
Direct primary care practices have received considerable attention lately, so it seems timely to dis...
West Virginia Kicks Off Applications for Medical Cannabis Growers, Processors, Dispensaries and Labo...
December 6, 2019 | Blogs
The West Virginia Department of Health and Human Resources Bureau for Public Health (“BPH”) kick...
Medical Marijuana Update: Ohio and Federal Law
November 25, 2019 | Blogs
Ohio’s medical marijuana program is almost one year old. Patient numbers have increased since Janu...
CMS Releases Long-Awaited Stark Proposed Rule
October 11, 2019 | Blogs
The Centers for Medicare and Medicaid Services (CMS) has released a long-awaited proposed rule that ...
Is ‘incident to’ billing for Medicare going . . .going . . . gone?
October 10, 2019 | Blogs
The Medicare Payment Advisory Commission (MedPAC) recommended to Congress in its June 2019 report th...
Innovate and Pay for Value: Goals of New Anti-Kickback and Civil Monetary Penalty Rules
October 10, 2019 | Blogs
Background Peppered with references to ride sharing, interoperability, cybersecurity, and electronic...
Denying a Patient Access to Their Records Can Cost You
September 11, 2019 | Blogs
In a first of its kind enforcement action, the Office of Civil Rights at the Department of Health an...
Physician Ventures in the Shadow of Stark – What Options Do We Have?
August 28, 2019 | Blogs
Hospitals may wish to enter into joint ventures with physicians for a variety of reasons. Commonly...
Ohio, Let’s Talk About C-B-D, Let’s Talk About Hemp Baby
July 31, 2019 | Blogs
It’s official — with Governor DeWine’s signature, Senate Bill 57 legalized hemp-derived produc...
Long-Term Care Facilities – Update Your Residential Agreements with Binding Arbitration Provision
July 22, 2019 | Blogs
According to the Centers for Medicare & Medicaid Services (CMS) final rule, effective September ...
Information Blocking and the API Standard: Proposed Rules Look to Shake-up Data in the Healthcare In...
July 17, 2019 | Blogs
The Centers for Medicare and Medicaid Services (CMS) and the Office of the National Coordinator for ...
Growing Products Liability Claims Against the Marijuana Industry
July 8, 2019 | Blogs
Marijuana products liability claims are inevitable. As the marijuana industry increases in size, and...
NLRB: Employers can bar nonemployee access to their facility’s “public space” for promotio...
July 2, 2019 | Blogs
The National Labor Relations Board (NLRB) recently issued a welcome decision that affords employers ...
CMS’s “Fresh Look” at Space Sharing Looks All Too Familiar”
May 10, 2019 | Blogs
Hold the presses – CMS’s long-awaited guidance on shared space arrangements between hospitals an...
To Share or Not to Share (Space) – That is STILL the Question
May 1, 2019 | Blogs
As we rapidly approach the fifth month of the year, the Center for Medicare and Medicaid Services (C...
With CBD Legal, is THC in the Workplace A-OK?
April 26, 2019 | Blogs
The 2018 Farm Bill’s legalization of hemp set the stage for a resurgence in hemp production and ...
Physician Alert: Patient Informed Consent for Medical Marijuana Treatments
April 23, 2019 | Blogs
State laws vary considerably in terms of the professional obligations they place on physicians obtai...
Public-Private Partnerships (PPP) for Drug Development
April 18, 2019 | Blogs
As a result of huge costs and pricing pressures, many drug development players are now participating...
Hemp and CBD Sales Bill Cultivated in Ohio
March 29, 2019 | Blogs
Hemp is not marijuana – let us start there. This is a critical distinction the Ohio legislature ha...
Ohio’s Standardization of Medical Release Form
February 19, 2019 | Blogs
This month, the Ohio Department of Medicaid finalized its regulation (OAC 5160-1-32.1) which creates...
EKRA’s Interaction with the Anti-Kickback Statute: Just What the Government Intended
December 20, 2018 | Blogs
Labs, clinical treatment facilities, and recovery homes BEWARE! If you are currently using marketers...
Congress Seeks to Strengthen Response to the Opioid Crisis Through the Support for Patients and Comm...
October 29, 2018 | Blogs
On October 3, 2018, Congress approved the SUPPORT for Patients and Communities Act (H.R. 6). This bi...
Telehealth Highlights in CMS’ Proposed Physician Fee Schedule
August 17, 2018 | Blogs
While the Department of Health and Human Services’ Office of Inspector General is looking ba...
Telehealth Reimbursement Guide After the Latest OIG Audit
July 31, 2018 | Blogs
Co-Author: Joseph Brammer The Office of the Inspector General's (OIG) audit dissected telehe...
Ohio Physician’s Guide to Cannabis Compliance 2.0: Budding Issues for Ohio’s Medical Marijua...
July 19, 2018 | Blogs
Co-Author: Maxwell Williams Cash only? Informed consent forms? Waivers of liability? The original...
CMS Removes Gag From Mouths of Pharmacists, as Ohio and Other States Follow Suit.
July 13, 2018 | Blogs
Co-author: Ashley Ramm In response to President Trump’s American Patients First Blueprint, ...
CMS Pushes Home Health Agencies into the Choice Demonstration
June 26, 2018 | Blogs
Co-author: Nathan Truitt Ironically named the “Choice Demonstration,” the Centers for...
Midlevel Providers’ Role in the Ever-Changing Landscape of Prescribing
June 8, 2018 | Blogs
Depending on the state in which a nurse practitioner or physician assistant practices, he or she c...
The Use of Surety Bonds in Health Care – Part II
May 9, 2018 | Blogs
This article will go into detail on surety bond requirements that may be imposed on providers of d...
The Use of Surety Bonds in Health Care – Part I
May 2, 2018 | Blogs
Ohio State Auditor David Yost has noted that Ohio has millions of dollars of unpaid obligations ow...
10 Ways to Avoid Losing Your Medical License: Part III
April 25, 2018 | Blogs
This is the third article in a three-part series designed to inform physicians and other health ca...
Grandma Wants Special Brownies? Ohio Nursing Facilities Prepare for Medical Marijuana
April 9, 2018 | Blogs
“Grandma’s tremors appear to have gotten worse lately. She mentioned she wants to try ...
SB 273 – New Limits on Opioid Prescriptions Change the Game for West Virginia Hospitals and Physic...
April 5, 2018 | Blogs
On March 27, 2018, Governor James C. Justice signed SB 273, which among other dramatic actions lim...
Ohio Physician Alert: Application Available to Become Certified to Recommend Medical Marijuana
March 20, 2018 | Blogs
Ohio doctors can now apply to become certified to recommend medical marijuana for treatment. The O...
10 Ways to Avoid Losing your Medical License: Part II
March 14, 2018 | Blogs
This is the second article in a three-part series designed to inform physicians and other health c...
10 Ways to Avoid Losing your Medical License: Part I
February 23, 2018 | Blogs
This is the first article in a three-part series designed to inform physicians and other health ca...
West Virginia Rolls Out Comprehensive Opioid Response Plan
February 20, 2018 | Blogs
The response at the federal and local level is rapidly evolving to meet the overwhelming need to s...
West Virginia Continues Cultivation of Medical Cannabis Rules
February 7, 2018 | Blogs
The West Virginia Medical Cannabis Advisory Board (“Advisory Board”) met on February 6...
Direct Primary Care – New Delivery Model Gains Traction
February 1, 2018 | Blogs
"Direct Primary Care,” or DPC, is a patient care delivery model gaining attention and some d...
Ohio Hospitals: Are You Ready for Medical Marijuana?
January 31, 2018 | Blogs
Physicians interested in recommending medical marijuana are already completing the two hours of co...
eNLC Means More Nurses Practicing Telehealth Across State Lines
January 30, 2018 | Blogs
Down goes a jurisdictional barrier to telehealth: Nurses interested in expanding their practice ca...
New Medicare Bundle Promotes Care Coordination to Achieve Increased Quality, Lower Spending
January 26, 2018 | Blogs
The Center for Medicare and Medicaid Innovation (CMMI) announced January 10 a new, voluntary bundl...
Health Care Models of the Future (Hint: They Include Nurse Practitioners!) and, 5 Tips for Hiring Nu...
January 18, 2018 | Blogs
CVS Health announced plans to buy Aetna last month in a $69 billion deal that the New Yo...
Trump Administration Encourages States to Implement Medicaid Work Requirements
January 12, 2018 | Blogs
On the day President Trump was inaugurated, he nominated Seema Verma, a healthcare consultant from...
Green Grass in the Bluegrass: Kentucky’s Medical Marijuana Law
January 12, 2018 | Blogs
To Kentucky, the grass must have literally been greener on the other side. After Kentucky law...
Dramatic Shift in Federal Enforcement Priorities Related to Legalized Marijuana Use
January 5, 2018 | Blogs
In November of 2017, United States Attorney General Jeff Sessions announced that the Department of...
Repeal of Obamacare’s Individual Mandate – Significant, or Not?
January 4, 2018 | Blogs
The individual mandate (i.e., that every American must have health insurance coverage or pay a pen...
Comments Requested in New West Virginia Medical Cannabis Rules
December 21, 2017 | Blogs
On December 14, 2017, the West Virginia Medical Cannabis Advisory Board announced: (1) the results...
Kentucky Supreme Court rules for employers on maximum prices for prescription drugs under Kentucky w...
December 15, 2017 | Blogs
The Supreme Court of Kentucky held in an opinion issued August 24, 2017 that Kentucky’s regu...
Kentucky Federal District Court Allows Claims in Data Breach Class Action to Proceed: Implications f...
December 14, 2017 | Blogs
The fallout from the seemingly endless W-2 phishing scams continues to be felt.
Last-Minute Tips for Ohio’s Medical Marijuana Processor Applicants
December 4, 2017 | Blogs
It’s already a stressful time of year, but for those vying for a license to convert marijuan...
CMS’ Cuts to the 340B Drug Payment Program Cause Hospital Uproar
December 1, 2017 | Blogs
The Centers for Medicare and Medicaid Services (CMS) recently released a Final Rule that will cut ...
Carefully Navigate Shifting Sands of Federal Enforcement Priorities Related to Medical Marijuana
November 30, 2017 | Blogs
Under the Obama administration, the Department of Justice (DOJ) placed a low priority on pursuing ...
Kentucky Department for Medicaid Services Proposes Amended Managed Care Regulations
November 29, 2017 | Blogs
On November 13, 2017, the Kentucky Department of Medicaid Services (DMS) filed amendments to nearl...
OSHA Electronic Submission Deadline Extended
November 29, 2017 | Blogs
OSHA recently announced that employers now have until December 15, 2017 to electronically submit t...
New Tax Bill Threatens Important Tax-Exempt Bond Provisions
November 13, 2017 | Blogs
Although it is still very early in the tax reform process, provisions in the House tax bill propos...
Final CMS Rules Draw Praise and Contempt from Hospitals
November 7, 2017 | Blogs
November 1 was the “last chance” for the Centers for Medicare and Medicaid Services (C...
Top Takeaways for Medicare Physician Payments in 2018
November 7, 2017 | Blogs
Last week, the Centers for Medicare & Medicaid Services (CMS) released two final rules that wi...
Doctors and Ohio’s Medical Marijuana Law: A Physician’s Guide to Cannabis Compliance
October 31, 2017 | Blogs
Ohio physicians interested in treating patients with medical marijuana need to understand their ob...
A Multi-Pronged, Proactive Approach to the Opioid Crisis
October 30, 2017 | Blogs
On October 26, 2017, President Trump declared the Opioid Crisis a “public health emergency,&...
Impact on Employers of Presidential Executive Orders Regarding Affordable Care Act
October 18, 2017 | Blogs
October 12, 2017, was an eventful day for the Affordable Care Act (ACA) because of two executive o...
President Trump’s Executive Order Signals Policy Change on Short Term Medical Insurance
October 17, 2017 | Blogs
Short Term Limited Duration Insurance On October 12, 2017, President Donald Trump issued an Execu...
Substance Abuse Alert: West Virginia Expands Medicaid Program to Cover Naloxone Treatment, Methadon...
October 13, 2017 | Blogs
In 2015, West Virginia experienced the highest rate of deaths due to opioid overdoses in the Unite...
Dos and Dont’s for Providers Under Investigation
October 13, 2017 | Blogs
As we all know, health care providers such as physicians, nurse practitioners, and registered nurs...
Tort Reform Hits Kentucky! But – Does “Reform” Mean “Improvement?”
September 20, 2017 | Blogs
“Tort reform” has been a buzzword in the news and legal communities for some time. Wha...
Closing Window for Physicians to Earn Medicare Bonuses Based on 2017 Performance
September 20, 2017 | Blogs
For most physicians with significant Medicare business, October 2 marks the beginning of the last ...
West Virginia Physician Alert: Remember, You Are Recommending Medical Marijuana, Not Prescribing It.
September 8, 2017 | Blogs
In West Virginia, medical marijuana will soon be a treatment option for physicians and patients, a...
Ohio Physician Alert: Remember, You Are Recommending Medical Marijuana, Not Prescribing It.
August 16, 2017 | Blogs
Ohio’s medical marijuana program is set to begin just a little over a year from now. The pro...
What is the OIG Exclusion List, and How Could It Affect Your Practice?
August 2, 2017 | Blogs
The Office of the Inspector General (OIG) of the U.S. Department of Health & Human S...
Medical Marijuana Takes Root in West Virginia
July 12, 2017 | Blogs
West Virginia is the 29th state to authorize medical marijuana use.
Tips for Ohio’s Medical Marijuana Business Applicants
July 11, 2017 | Blogs
Only 13! That is the percentage of applicants who will ultimately receive an Ohio medical marijuan...
New Kentucky Laws on Schedule II Drug Prescriptions
June 26, 2017 | Blogs
Kentucky providers with prescriptive authority take note: beginning June 29, 2017, new laws (HB 33...
You’ve Been Investigated by the Department of Health. Now What?
June 12, 2017 | Blogs
In many states, an investigation into a healthcare provider’s license by the Department of H...
What You Should Know Before You Agree to Licensure Discipline: Is It Reportable to the National Prac...
June 11, 2017 | Blogs
The National Practitioner Data Bank, or NPDB, is a repository of information created by the f...
Ohio Cultivates Marijuana Dispensary Rules as White House Sends Smoke Signals of Approval
March 20, 2017 | Blogs
President Trump said he was “100 percent” in favor of medical marijuana during his cam...
High Street Releases Proposed Rules for Ohio’s Medical Marijuana Cultivators
January 23, 2017 | Blogs
Ohio’s medical marijuana regulations are budding. Ohio recently released proposed rules for ...
Highlights of Medical Marijuana Proposed Rules for Ohio Dispensaries and Physicians
December 20, 2016 | Blogs
On December 15, 2016, the Ohio Board of Pharmacy posted its proposed rules governing the operation...
Ohio’s Medical Marijuana Law
October 3, 2016 | Blogs
“Let’s get together and feel alright” sang the Ohio legislature to those sufferi...
Protected: Cap Lifted: New Dispensary Opportunity for Ohio’s Medical Marijuana Market
March 12, 2015 | Blogs
There is no excerpt because this is a protected post.
Brian F. Higgins
Rhonda B. Schechter
James (Jim) A. Dietz
Charles M. Johnson
Chad N. Eckhardt
Industry Team Leader
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