California

Both During and After COVID-19 Crisis, Antitrust Law Won’t Block Pro-Competitive Joint Ventures

Author: Steven Cernak On March 24, 2020, the FTC and DOJ Antitrust Division issued a joint statement regarding their approach to coordination among competitors during the current health crisis. The agencies announced a streamlining of the usual lengthy Advisory Opinion or Business Review Letter processes for potentially problematic joint efforts of competitors. The statement also confirmed that the […]

Jarod BonaPartner, Bona Law PC

HHS Grants New Flexibility for Business Associates to Use PHI for Public Health and Health Oversight

By Robert D. Belfort, Partner, Manatt Health The Big Picture On April 2, the U.S. Department of Health and Human Services (HHS) issued a public notice (the Notice) stating that the department will not impose penalties under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) on business associates that use or disclose protected health information (PHI) for […]

Barry LeePartner, Manatt, Phelps & Phillips, LLP

Colorado Federal Court Confirms Bona Law’s Client, Thermal Pipe Shields, has Sufficiently Alleged Federal Antitrust and False Advertising Claims Against Johns Manville

On March 23, 2020, a federal court in Colorado denied the defendant’s motion to dismiss, confirming that Bona Law’s client Thermal Pipe Shields sufficiently alleged federal antitrust and Lanham Act claims against Defendant Johns Manville Corporation for anticompetitive conduct and false advertising. Factual Background Bona Law initially filed this lawsuit in March 2019. After an initial round of briefing and hearing […]

Jarod BonaPartner, Bona Law PC

Key Features of Section 1135 Waivers

The Big Picture In response to the national emergency created by COVID-19, Health and Human Services (HHS) Secretary Alex Azar issued a declaration on March 13, invoking his authority under Section 1135 of the Social Security Act (SSA) to waive or modify certain federal healthcare requirements.1 Since then, HHS and the Centers for Medicare & Medicaid Services (CMS) […]

Barry LeePartner, Manatt, Phelps & Phillips, LLP

Providers Gain Substantial Flexibility under New 1135 Waivers

The Big Picture On March 30, the Centers for Medicare & Medicaid Services (CMS) swept aside dozens of federal healthcare requirements using its emergency waiver authority under Section 1135 of the Social Security Act (SSA). These waivers addressing program requirements under Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP); Stark Law restrictions on physician self-referral; […]

Barry LeePartner, Manatt, Phelps & Phillips, LLP

When Can Hospitals Legally Divert Patients to Alternative Screening Sites?

As COVID-19 continues to spread, hospital emergency departments (EDs) must accommodate surges in patient demand while doing their utmost to mitigate the risk of contagion for both patients and practitioners. As clinicians and hospital administrators consider their options, they must be mindful of their obligations under the federal Emergency Medical Treatment & Labor Act (EMTALA), […]

Barry LeePartner, Manatt, Phelps & Phillips, LLP

CMS Issues Blanket Waivers of the Stark Law

On March 30, 2020, CMS issued blanket waivers of the Physician Self-Referral Law, also known as the Stark Law (Social Security Act Section 1877), effective as of March 1, 2020, related to referrals and financial arrangements for COVID-19 Purposes. The Stark Law and its implementing regulations prohibit physicians from referring Medicare patients for certain designated health services […]

Barry LeePartner, Manatt, Phelps & Phillips, LLP

You’re Invited: COVID-19: The Road Ahead for Commercial Insurance | Thursday, April 23, 2020

Examine the Evolving Challenges That Lie Ahead for Healthcare Stakeholders and State Regulators—and What You Can Do Now to Prepare and Protect Your Organization—at a New Manatt Webinar. Click Here to Register Free. Effective health insurance coverage is key to combating COVID-19, enabling access to and payment for both testing and treatment. State regulators, health […]

Barry LeePartner, Manatt, Phelps & Phillips, LLP

Last Chance to Register: A Guide for Businesses to Obtain Paycheck Protection Loans Under the CARES Act

Date and time Thursday, April 2, 202010:00–10:30 a.m. PT1:00–1:30 p.m. ET Click here to register free. Due to the economic uncertainty and disruption caused by the COVID-19 outbreak, Congress has passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to provide relief for small businesses that are undergoing extreme challenges. The Act as passed includes relief […]

Barry LeePartner, Manatt, Phelps & Phillips, LLP

COVID-19: Top 5 Challenges Facing Long-Term Care Providers

By Stephanie Anthony, Senior Advisor, Manatt Health | Randi Seigel, Partner, Manatt Health The nation’s nursing facilities, assisted-living facilities, inpatient rehabilitation facilities and home care providers—and their long-term care (LTC) workforce—are at the forefront of the COVID-19 crisis. Roughly 2.5 million seniors and other medically fragile Americans receive care in nursing facilities and other congregate care settings, while more than […]

Barry LeePartner, Manatt, Phelps & Phillips, LLP