Category Archives: Legal News

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Businesses Challenge FTC’s Ban on Non-Compete Agreements

As expected, businesses have sued the FTC challenging the recent final rule that ends non-compete agreements, as reported by the Wall Street Journal Wednesday morning (read WSJ article here). The U.S. Chamber of Commerce challenged the final rule in federal court in East Texas, which has been joined by other business groups. A lawsuit was … Continue Reading

FTC Votes to Ban Non-Compete Agreements

In a Special Open Commission Meeting held this afternoon, the Federal Trade Commission voted to approve the final rule to ban non-compete agreements for for-profit businesses, the effective date of such ban being in 120-days. Important items of note with the final rule: The FTC acknowledged that much of the healthcare industry operates under a … Continue Reading

FTC To Rule on Banning Non-Compete Agreements

The Federal Trade Commission has announced that it will be holding a Special Open Commission Meeting on Tuesday, April 23, 2024, at 2pm EST regarding the rule to ban non-compete agreements (read the announcement here). The expectation for this meeting is that the FTC will disclose the proposed final rule followed by remarks by the … Continue Reading

U.S. Department of Justice (DOJ) Provides Corporate Fraud Enforcement Update

During the American Bar Association’s 39th National Institute on White Collar Crime, the most senior executives of the DOJ (Attorney General Merrick B. Garland and Deputy Attorney General Lisa Monaco) delivered remarks promoting the success of DOJ compliance and enforcement by: Here are links to the remarks of Attorney General Garland and Deputy Attorney General … Continue Reading

Change Healthcare Cyberattack Disrupts Physician Payments

“On February 21, 2024, Change Healthcare, a subsidiary of UnitedHealth Group was the victim of the most significant cyberattack on the US healthcare system in American history.  Change Healthcare is the predominant source of more than 100 critical functions that keep the healthcare system operating.” –American Hospital Association Letter March 4, 2024 This hack was … Continue Reading

Mandatory COVID Vaccine for Healthcare Workers

The Centers for Medicare & Medicaid Services (CMS) issued an interim final rule requiring COVID-19 vaccinations for workers in most institutional care settings.  A copy of the CMS press release can be found at https://www.cms.gov/newsroom/press-releases/biden-harris-administration-issues-emergency-regulation-requiring-covid-19-vaccination-health-care. This rule applies to those facilities subject to CMS regulations. Several facilities are regulated by the CMS, but this does … Continue Reading

Tucker Arensberg Attorneys to Speak at the PBI Health Law Institute

Tucker Attorneys Mike Cassidy and Jerry Russo have been named as presenters for the Pennsylvania Bar Institute (PBI) 2022 Health Law Institute. They will be presenting a program entitled “Federal Telehealth Enforcement: Policy Through Prosecution”.  Stay tuned for more information on this PBI Health Law Institute program as the date draws nearer.… Continue Reading

Mike Cassidy Appointed Legal Advisory Group Member of the National Center for Telehealth and eHealth Law

Congratulations to Mike Cassidy on his recent appointment as a Member of the Legal Advisory Group of the National Center for Telehealth and eHealth Law (CTeL).  Mike will co-present on behalf of CTeL, in a webinar entitled “The Myths about Telehealth–Hear the Facts”, at CTel’s Digital Health Summit in December. Click this link for more … Continue Reading

Ongoing Federal Telehealth Fraud Enforcement

In previous Med Law Blog posts, we have featured examples of increased enforcement in the telehealth area, including the recent creation of the National Rapid Response Strike Force, announced by the Department of Justice on September 30, 2020, and OIG Takedowns in the DME and telehealth arenas. Now, the OIG work plan includes at least … Continue Reading

Medical Practices Face Liability for COVID Accelerated and Advance Payments and PPP Loans

Medical practices are now beginning to encounter Medicare payment claw backs by CMS for COVID Accelerated and Advanced Payments (CAAP) and Department of Justice (DOJ) prosecution for Paycheck Protection Program (PPP) abuses. Please check the following links below for additional information. Justice Department Takes Action Against COVID-19 Fraud: Justice Department Takes Action Against COVID-19 Fraud … Continue Reading

Potential Federal Action Regarding Surprise Billing

Recent reports indicate that House and Senate Committee leaders have apparently mutually agreed on a bipartisan arrangement for correcting or preventing surprise medical bills, although legislation has not yet been passed. Attached is an outline of the “No Surprise Act”, which essentially deals with insured patients receiving unexpected bills for medical services. Note that this … Continue Reading

COVID-19 Physician Private Practice Guidance

I. Introduction. The COVID-19 pandemic presents all physicians, but especially private practice physicians, with numerous clinical, liability and business challenges. We have chosen the following categories to organize and present recommended guidance and linked resources for your information: 1. Clinical Guidance 2. Malpractice Liability 3. Reimbursement 4. Employer/Workers Compensation 5. Telehealth II. Clinical Guidance. Many … Continue Reading

Workers’ Compensation Claims for Healthcare Professionals Exposed to COVID-19 in PA – Updated March 17, 2020

Just a few short weeks ago, the Center for Disease Control’s Director of the National Center for Immunization and Respiratory Diseases warned that the spread of coronavirus in the U.S. was “not a question of if, but when.”  As of this updated posting, the entire country is locked in an unprecedented grip of uncertainty and … Continue Reading
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