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The Legal Diagnosis

Health Care and Life Sciences Law Blog

A law blog devoted to the legal implications for doctors, hospitals, and life science companies.

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Jun 11, 2021

OSHA Issues COVID-19 Safety Rule: Emergency Temporary Standard (ETS)

On June 10, 2021, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) workplace safety rule that requires health care employers to protect workers from on-the-job risk of COVID-19 infection. This rule follows President Biden’s executive order directing OSHA to pursue an ETS for COVID-19 in high-risk workplaces.» Read More

Jun 07, 2021

Fighting HMO and Insurance Company Terminations

Nothing is more important to the viability of a medical practice than the relationships it enjoys with the patient population that relies on its excellent provision of health care. It is of paramount importance for optimal care that patients trust their physicians and are ensured long-term continuity of care.» Read More

Apr 19, 2021

Steering Clear of the OPMC in NY

The prevalence of medical malpractice lawsuits in New York is enough to scare many physicians out of practicing medicine. Unfortunately, “defensive” medicine has become part and parcel of current practice as physicians search for safeguards against malpractice lawsuits. Nevertheless, we continue to see exorbitant malpractice awards being levied against physicians.» Read More

Jan 20, 2021

Impact of the COVID Pandemic on Physician Employment Agreements

COVID-19 has had a dramatic impact on the health care system, causing a re-evaluation of the way physician care is delivered. During the pandemic, in-person office visits have been postponed or changed to telehealth visits, elective procedures have been canceled, and patients, concerned about contracting COVID, have delayed or postponed their regular visits.» Read More

Dec 30, 2020

Telemedicine and the COVID-19 Vaccination – What’s on the Horizon for 2021?

As we look toward the end of a tumultuous year, it is incumbent on all those who are involved in the fight against COVID-19 to consider what was learned, acknowledge where efforts went wrong, celebrate collective achievements, and transition the provision of medicine to comport with the ever-changing needs of patients.» Read More

Dec 02, 2020

Extensive Changes to Stark and Anti-Kickback Regulations

The Department of Health and Human Services (HHS) Office of Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS) have issued two highly-anticipated and significant final rules (scheduled to be published today, December 2, 2020) that seek to modernize and clarify the Anti-Kickback Statute (AKS) and Physician Self-Referral Statute (Stark).» Read More

Nov 19, 2020

CMS Establishes New Rules for Payment of COVID-19 Vaccine

On October 28, 2020, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule with a comment period, the fourth such issuance during the COVID-19 public health emergency, in anticipation of vaccine availability in the near future. Effective immediately, these provisions will continue through the duration of the emergency.» Read More

Oct 23, 2020

HHS Modifies COVID-19 Provider Relief Fund Eligibility and Reporting Requirements

On Thursday, October 22, the United States Department of Health and Human Services (HHS) announced that the latest Provider Relief Fund (PRF) application period has been expanded to include additional provider applicants such as residential treatment facilities, chiropractors, and vision care providers who have not yet received PRF distributions.» Read More

Aug 28, 2020

CMS Establishes New COVID-19 Testing and Reporting Requirements

On August 25, 2020, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule with comment period, which establishes new COVID-19 testing and reporting requirements for a variety of health care providers, including nursing facilities, clinical laboratories, and hospitals.» Read More

Aug 13, 2020

Federal District Court in New York State Overturns U.S. Department of Labor Regulations Concerning Sick Leave for Health Care Providers

In the immediate onset of the COVID-19 crisis, federal, state, and local governments implemented a wide swath of regulations intended to protect the health and financial wellbeing of employees and their loved ones. One such set of regulations, enacted by Congress in March 2020 and known as the Families First Coronavirus Response Act (“FFCRA”), generally provides expanded paid sick leave, free COVID-19 testing, and expanded unemployment benefits for workers.» Read More

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