Diagnosing Health Care Podcast

One of the long-term goals of the interoperability and information-blocking rules is to give health care providers a much more comprehensive view of a patient's entire continuum of care. In this episode, Andrea Darby , the Vice President of IT Integration – Applications for OhioHealth, offers a provider's perspective on their role in a health care ecosystem that is striving to achieve much-needed...

This term, the Supreme Court of the United States is set to rule in a Medicare reimbursement case that has sparked a fresh look at the historical deference often granted to agencies and whether it should remain, be modified, or even be overruled. Attorneys Stuart Gerson , Robert Wanerman , and Megan Robertson discuss why Chevron deference matters to health care industry stakeholders and what aspec...

The Biden administration has released a series of rules and guidance to implement the No Surprises Act, which went into effect on January 1. All providers and facilities must now provide a good faith estimate to uninsured and self-pay patients scheduling appointments for services or upon request. Attorneys Helaine Fingold , Robert Hearn , and Alexis Boaz discuss the good faith estimate, what it en...

The No Surprises Act (NSA) will go into effect on January 1, 2022. Since our last episode on the topic, the federal government has issued additional interim final rules and guidance to implement the NSA, including the second interim final rule. In addition to describing how the NSA interacts with the plan external review procedures, the second interim final rule describes the independent dispute r...

We're beginning to see how mergers and acquisitions in the hospital industry are being impacted by President Biden's executive order promoting competition in the American economy. The Federal Trade Commission recently announced policy changes, and the Department of Justice has been asked to consider policy changes, that boards of directors and C-suite officers must take into account when weighing...

As 2021 nears a close, acute care hospitals and health systems are facing a host of financial, regulatory, and legislative challenges. Hear Rick Pollack , President and CEO of the American Hospital Association, and Epstein Becker Green's Ted Kennedy, Jr. , discuss the ways in which the industry is working with the Biden administration and Congress to shape policy around critical issues, such as su...

The COVID-19 pandemic spurred record growth in the dietary supplement industry in 2020. With this heightened consumer interest and many new entrants to the market, important questions have emerged about the adequacy of the current regulatory framework for dietary supplements. Are current controls adequately protecting consumers from supplement products that are unsafe? What is the right level of r...

On December 27, 2020, President Trump signed into law the No Surprises Act as part of the $2.3 billion Consolidated Appropriations Act. Recently, the Biden administration issued its first interim final rule in order to implement this act, which will go into effect on January 1, 2022. While the goal is to protect patients from surprise billing, the law will also impose significant compliance burden...

Although the COVID-19 pandemic exposed cybersecurity vulnerabilities across sectors, it has particularly challenged the resilience of information systems for health care and life sciences companies. Because ransomware attacks have the potential to cripple access to important data, expose patient health records, and shut down machinery and life-saving equipment, it's no surprise that health care ex...

In accordance with changes enacted at the end of 2020, health plans and insurers must prepare to provide regulators with documentation of their compliance with mental health parity requirements on specific non-quantitative treatment limits. Special guest  Henry Harbin, MD , Health Care Consultant and former CEO of Magellan Health Services, and Epstein Becker Green attorneys  Kevin Malone ,  David...

Federal and state cannabis regulation and enforcement appear to be moving in different directions. Epstein Becker Green attorneys Delia Deschaine , Nathaniel Glasser , and Megan Robertson discuss how new developments in 2021 impact the cannabis industry and why all players, including employers, health care providers and retailers, and businesses operating in the cannabis space, need to pay close a...

As the rollout of the COVID-19 vaccine continues, today's episode looks at the risk potential of vaccine passports. Epstein Becker Green attorneys  Patricia Wagner ,  Alaap Shah , and  Jessika Tuazon  discuss the privacy and security concerns companies must weigh as they consider developing or implementing vaccine passports, such as the collection and use of an individual's personal health informa...

Today's episode examines how COVID-19 liability shield laws may give health care businesses a false sense of security and offer little protection when it comes to employment claims. Epstein Becker Green attorneys Denise Merna Dadika, Gregory Keating , and  Elena Quattrone  discuss the unintended liability consequences health care employers must consider as they transition more employees back to in...

Today's episode looks at the long-awaited companion final rules advancing value-based care published by the Centers for Medicare & Medicaid Services and the Office of Inspector General of the Department of Health and Human Services. Epstein Becker Green attorneys  Anjali Downs ,  Jennifer Michael ,  Lesley Yeung , and  Paulina Grabczak  give an overview of the final rules and point out key issues...

Today's episode looks at the health-specific portions of the American Rescue Plan, including money for rural hospitals, billions of dollars for COVID-19 testing and contact tracing, and extra subsidies to help people buy health coverage through an Affordable Care Act plan. Epstein Becker Green attorneys  Mark Lutes ,  Philo Hall , and  Tim Murphy discuss what these changes and upcoming congression...

Today's episode looks at how the Biden administration's use of the Defense Production Act ("DPA") to speed up the production of vaccines and increase the domestic production of COVID-19 tests, personal protective equipment (or "PPE"), and other essential supplies is presenting challenges for medical product suppliers. Epstein Becker Green attorneys  Neil Di Spirito ,  Constance Wilkinson , and  Bo...

Today's episode discusses the factors impacting an individual's decision to get vaccinated and the ways that policies and practices at the federal, state, local, and tribal levels can support equity, transparency, accountability, availability, and access to COVID-19 vaccines. Featured are special guest Richard Hughes IV , Vice President of Public Policy at Moderna, and Epstein Becker Green attorne...

Today's episode looks at the 117th Congressional agenda and the prospects for additional coronavirus relief and what that would mean for stakeholders, as well as the possibility for coverage expansion through changes to the Affordable Care Act or Medicaid. Attorneys Mark Lutes , Philo Hall , and  Timothy Murphy also discuss which legislative items are most likely to require 60 votes in the Senate...

Today's episode looks at why physician practices accepting risk-based payments from health plans are attractive to investors. Special guest  Jason Madden , Managing Director at Accordion, and Epstein Becker Green attorneys  Joshua Freemire,   Jason Christ , and  Tim Murphy , dive into the health regulatory considerations investors must assess when evaluating investment opportunities with physician...

Today's episode looks at the Biden Administration's first 100 days in office and the potential executive orders, regulations, and new legislation with noteworthy health care policy implications. Attorneys Philo Hall, Ted Kennedy, Jr., and Paulina Grabczak discuss President Biden's priorities, including his COVID-19 response plan, and examine which "midnight rules" put in place by the Trump Adminis...

Today's episode examines the fraud and abuse enforcement landscape in the telehealth space and considers ways telehealth providers can mitigate their enforcement risks as they move into the new year. Attorneys Amy Lerman , Melissa Jampol , and Bonnie Scott discuss how the uptick in enforcement warrants close consideration by telehealth providers, especially those that are new to the space and have...

Today's episode looks at the privacy concerns when health care businesses and employers are implementing contact tracing technologies. Contact tracing will continue to play a big role as we look to understand the impact of COVID-19 vaccines. Guests are attorneys Michelle Capezza and Karen Mandelbaum and attorney Jessika Tuazon hosts. Visit our site for more information and related resources: https...

Today's episode looks at what oral arguments in California v. Texas tell us about how the Supreme Court might rule in deciding the fate of the Affordable Care Act ("ACA"). You'll also hear about how Justice Amy Coney Barrett's recent appointment could impact the ACA and other health law decisions in the upcoming term. The episode features Member of the Firm Stuart Gerson and is hosted by attorney...

Today's episode dives into the prospects of coverage expansion following the 2020 elections and also examines three major health care policy reform issues that have bipartisan support and could see traction regardless of who wins on November 3. The episode features Members of the Firm Ted Kennedy, Jr., and Lynn Shapiro Snyder as well as Senior Counsel Philo Hall, and is hosted by attorney Tim Murp...

Today's episode looks at the key business, policy, and legal considerations for reshoring active pharmaceutical ingredient (or "API") and finished drug product manufacturing to the United States. The episode features Members of the Firm Delia Deschaine and Neil Di Spirito and is hosted by attorney Bonnie Scott .   Visit our site for more information and related resources: https://www.ebglaw.com/dh...