Category: Legal Watch
-
Proposed Penalties for Information Blocking Violations
By: Kelli C. Fleming, Esq. with Burr & Forman LLP On October 30, 2023, the Department of Health and Human Services (“HHS”) released a proposed rule establishing penalties against healthcare providers who violate the information-blocking rules implemented under the 21st Century Cures Act. The information blocking rules prohibit a healthcare provider, among other “actors” as…
-
New OIG Advisory Opinion Reinforces OIG’s Stance Against Turnkey Contractual Joint Ventures
By: Jessie Bekker, Burr & Forman LLP The Office of Inspector General (“OIG”) has issued a new opinion with a familiar message cautioning providers against entering into suspect contractual joint ventures. The OIG’s latest Advisory Opinion examined the Anti-Kickback Statute’s application to an arrangement related to the provision of intraoperative neuromonitoring (“IONM”) services (the “Proposed…
-
Online Tracking Tools—Be Cautious.
By: Kelli C. Fleming, Esq., Burr & Forman LLP The Office for Civil Rights (“OCR”) and the Federal Trade Commission (“FTC”) recently teamed up to warn several healthcare providers about the privacy and security risks affiliated with online tracking technologies. According to the warning, these online tracking technologies may, under certain circumstances, be improperly disclosing…
-
Ethical and Legal Considerations for Caring for Patients Under the Influence of Medical Marijuana
By: Jessie Bekker, Burr & Forman, LLP In 2021, Alabama became one of thirty-eight states to legalize the medicinal use of cannabis. Though Alabama has yet to license any providers to prescribe it, an interesting question is how the consumption of medical cannabis by a patient before an appointment could impact the ability to obtain…
-
The 11th Circuit Applies SCOTUS Ruling In Recent Alabama Physician Controlled Substances Conviction
By: Jim Hoover with Burr & Forman, LLP On June 27, 2022, the Supreme Court of the United States (SCOTUS) heard an appeal emanating from a conviction of a local doctor in Mobile, Alabama for violating the Controlled Substances Act (CSA). The justices specifically examined the convictions of Dr. Xiulu Ruan who is serving a…
-
Is it the End of Non-Compete Agreements for Alabama Healthcare Companies? The Federal Trade Commission Proposes a Ban
By: Howard Bogard and Matthew Scully, Burr & Forman Under Alabama statutory law, “professionals” are exempt from non-compete agreements, which serve to restrict competing activity within a defined geographic area and time period. The law does not define the term “professional” but, with respect to the healthcare industry, Alabama courts have found that professionals include…
-
Federal Trade Commission Proposes Rules Banning Non-compete Agreements
By: Brandy Boone, General Counsel On January 5, 2022, a year and a half after President Biden signed an executive order encouraging the Federal Trade Commission (“FTC”) to limit or ban non-compete agreements, the FTC announced a proposed rulemaking that will prohibit employers from using non-compete agreements that restrict where an employee, or independent contractor,…
-
POTENTIAL PART 2 CHANGES ON THE HORIZON
by Lindsey Phillips with Burr & Forman, LLP On November 28, 2022 the Office for Civil Rights (“OCR”) at the United States Department of Health and Human Services (“HHS”) announced proposed changes to the regulations at 42 CFR Part 2 (“Part 2”). Part 2 protects the confidentiality of medical records related to treatment for substance…
-
MAKING SURE YOU’RE NOT SURPRISED BY THE NO SURPRISES ACT’S INDEPENDENT DISPUTE RESOLUTION PROGRAM
by Lindsey Phillips with Burr & Forman, LLP The No Surprises Act (the “Act”), which became effective on January 1, 2022, was enacted in an effort to provide uniform protections against surprise medical bills. Surprise medical bills often arise when patients unknowingly receive medical care from out-of-network healthcare providers and are billed for the difference…
-
Federal Cures Act “Information Blocking” Compliance Date Approaching
The 21st Century Cures Act (Cures Act), passed by Congress in 2016, included a provision in Title IV, Section 4004 against “information blocking,” defined in the Act as a practice or practices, “likely to interfere with, prevent, or materially discourage access, exchange, or use of electronic health information.” The Act further required the Office of…