Health Law Matters
Our health care blog strives to provide relevant legal insights that impact the health care industry and focus on state and federal regulations that affect health care entities and health care professionals. Our goal is to apprise health care professionals of the newest changes in the law to enable them to adapt and remain compliant in a highly-regulated legal environment. Frost Brown Todd’s health care innovation team is committed to keeping pace with these changes and providing updates to those in the health care industry.
Recent Blog Posts
February 10, 2025 | Blogs
The Centers for Medicare & Medicaid Services (CMS) is under intense scrutiny as Elon Musk’s De...
December 10, 2024 | Blogs
The U.S. Department of Justice (DOJ) raised the bar for the use of artificial intelligence (AI) by b...
July 30, 2024 | Blogs
Changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will require stak...
March 12, 2024 | Blogs
Artificial intelligence (AI) applications in health care can create better, stronger, and faster sol...
November 9, 2023 | Blogs
*This article was originally published in Law360 Expert Analysis. Artificial intelligence models a...
September 15, 2023 | Blogs
Businesses that collect or process health data from individuals are subject to new and burdensome re...
July 21, 2023 | Blogs
This was originally published in Reuters Legal News (May 16, 2023). Private equity investment in h...
June 26, 2023 | Blogs
The 2023 Physician Fee Schedule final rule (“Final Rule”), which became effective in January 202...
May 19, 2023 | Blogs
In a crucial U.S. Supreme Court decision issued on May 18, in Amgen Inc. v. Sanofi, the Court applie...
May 16, 2023 | Blogs
This was originally published in Reuters Legal News (May 16, 2023). This is the third piece in our ...
May 12, 2023 | Blogs
In its 2023 US Private Equity Outlook report, PitchBook predicted that private equity investment in ...
April 20, 2023 | Blogs
On April 12, 2023, the Department of Health & Human Services (HHS) issued a Notice of Proposed R...
April 12, 2023 | Blogs
On March 29, the Kentucky legislature voted to override Governor Andy Beshear’s veto on Senate Bil...
March 29, 2023 | Blogs
This was originally published in Reuters Legal News (March 29, 2023). The first piece in this ser...
March 6, 2023 | Blogs
Utilization of RPM and RTM services has surged dramatically over the past few years. In 2016, before...
December 23, 2022 | Blogs
This was originally published in Reuters Legal News (Dec. 22, 2022). Private equity’s investment i...
October 31, 2022 | Blogs
The 2020 Center for Medicare and Medicaid’s (CMS) adaptations to the Physician Self-Referral law, ...
October 20, 2022 | Blogs
This article was originally published in Bloomberg Law. The federal government has prioritized pro...
September 12, 2022 | Blogs
As medical payment evolves to favor care innovation and clinical integration opportunities, value-ba...
July 29, 2022 | Blogs
On July 18, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision invalid...
July 18, 2022 | Blogs
This article was originally published in Reuters Attorney Analysis. One year after China’s upd...
June 16, 2022 | Blogs
In the first two parts of our Enterprise Resource Planning (ERP) series, we shared an overview of so...
May 25, 2022 | Blogs
In the first of our three-part Enterprise Resource Planning (ERP) series, we shared an overview of E...
May 9, 2022 | Blogs
In a recent decision, Region 10 of the National Labor Relations Board found that physicians are not ...
April 28, 2022 | Blogs
While many software trends come and go, systems integration continues to grow in scope and importanc...
April 20, 2022 | Blogs
The rules governing the Texas Compassionate Use Program (TCUP) are currently under review, and publi...
April 12, 2022 | Blogs
This article was originally published on April 11, 2022 in Thomson Reuters Attorney Analysis from We...
April 7, 2022 | Blogs
You may not know it, but you are being watched. The U.S. Drug Enforcement Administration (DEA) and U...
March 18, 2022 | Blogs
In recent years, online crowdfunding platforms such as Kickstarter, Indiegogo, and GoFundMe have eme...
March 4, 2022 | Blogs
The False Claims Act (FCA) has long been a powerful tool for the federal government to generate larg...
February 25, 2022 | Blogs
In late January, the U.S. Court of Appeals for the First Circuit issued its opinion in United States...
January 28, 2022 | Blogs
On January 18, 2022, the Department of Justice (DOJ) launched a new program to combat healthcare fra...
January 14, 2022 | Blogs
In a divided decision, the U.S. Supreme Court let stand the Centers for Medicare & Medicaid Ser...
January 7, 2022 | Blogs
This article was originally published on January 6, 2022 in Westlaw Today, an imprint of Thomson Re...
January 7, 2022 | Blogs
With the passage of Ohio House Bill 122, effective March 23, 2022, Ohio physicians with a certificat...
December 16, 2021 | Blogs
Providers, hospitals, laboratories, ambulatory surgery centers, imaging centers, rural health center...
December 9, 2021 | Coronavirus Response Team
As noted in our recent article “Enforcement of CMS Vaccine Mandate Blocked Nationwide,” on Novem...
December 7, 2021 | Coronavirus Response Team
The net impact of two federal court decisions issued the last two days in November is a nationwide p...
November 22, 2021 | Blogs
The Centers for Medicare & Medicaid Services (CMS) recently issued an interim final rule (the ...
November 4, 2021 | Blogs
CMS issued a press release today to announce the issuance of its interim final rule on required COVI...
November 2, 2021 | Blogs
Note: This article was updated on January 26, 2022, for clarification purposes. Recently, the Cent...
October 12, 2021 | Blogs
In a recent decision by the U.S. Court of Appeals for the 8th Circuit, a rule promulgated by the Cen...
October 9, 2021 | Blogs
This article was originally published on October 8, 2021 in Westlaw Today, an imprint of Thomson Re...
October 7, 2021 | Blogs
A new Ohio law mandating licensure for home health agencies and providers will go into effect July 1...
September 23, 2021 | Coronavirus Response Team
News coverage of COVID-19 outbreaks at nursing homes in the United States helped create an assumptio...
September 23, 2021 | Blogs
The FDA and CDC each issued warning notices to the public regarding Delta-8 THC products on Septembe...
September 21, 2021 | Blogs
Ohio medical marijuana patients and prospective dispensary owners rejoice! On September 20, 2021, th...
September 13, 2021 | Blogs
New rules are coming regarding the creation of Institutional Review Boards (“IRBs”) for the Texa...
September 8, 2021 | Blogs
In employers’ urgency to ensure proper procedures are in place to create a safe and healthy workpl...
August 30, 2021 | Blogs
On August 20, 2021, the Departments of Labor, Health and Human Services, and Treasury (together, the...
August 3, 2021 | Blogs
Patients will soon get protection from unexpected medical bills for care received in emergencies and...
July 20, 2021 | Blogs
This article was originally published on July 19, 2021 in Westlaw Today, an imprint of Thomson Reut...
June 11, 2021 | Blogs
On June 10, 2021, the Department of Labor’s (DOL) Occupational Safety and Health Administration (O...
June 9, 2021 | Blogs
A recent case from the Indiana Court of Appeals highlights the parameters of Indiana’s Medical Mal...
May 19, 2021 | Blogs
On April 16, 2021, the Federal Drug Administration (FDA) issued two notices in reaction to the Janua...
April 22, 2021 | Blogs
On April 19, 2021, the State of Ohio Board of Pharmacy approved increasing the number of medical mar...
March 16, 2021 | Blogs
As the health care industry continues to integrate, providers and health care professionals are chal...
March 10, 2021 | Blogs
The Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking (the “NPR...
March 1, 2021 | Blogs
*This article was originally published by OneTrust DataGuidance in January 2020. The Health Insura...
February 19, 2021 | Blogs
In the first draft of the State of Ohio budget, Governor Mike DeWine has proposed that hospitals bec...
February 12, 2021 | Blogs
On November 20, 2020, the Centers for Medicare & Medicaid Services (CMS) and the Department of H...
January 28, 2021 | Blogs
Update: As of April 16, 2021, it appears the FDA may be reversing course with respect to its prior e...
November 16, 2020 | Blogs
On October 29, 2020, the Department of Health and Human Services, the Department of Labor, and the D...
October 7, 2020 | Blogs
In its 2021 proposed Medicare Physician Fee Schedule, the Centers for Medicare and Medicaid Services...
July 28, 2020 | Blogs
The Ohio Medical Marijuana Control Program (the “OMMCP”) is scheduled to accept new testing labo...
July 14, 2020 | Coronavirus Response Team
The IRS has recently issued FAQ guidance regarding the tax implications for providers who are the r...
May 19, 2020 | Blogs
In response to the large number of adverse outcomes at nursing homes across the U.S., the Center for...
May 18, 2020 | Blogs
The Department of Health and Human Services (“HHS”) recently released a notification of enforcem...
May 11, 2020 | Blogs
The Ohio State Board of Pharmacy (the “Board”) has filed amended rule changes to the Ohio Medica...
May 6, 2020 | Blogs
West Virginia continues to gradually and safely reopen health care services. Governor Jim Justice fi...
May 4, 2020 | Blogs
Newly published federal rules will now give more power to consumers in controlling their personal he...
May 1, 2020 | Coronavirus Response Team
As most health care providers (and many of their patients) are aware, the CARES Act allocated $100 b...
April 30, 2020 | Blogs
The Kentucky Cabinet for Health and Family Services issued an order April 27, 2020, allowing for cer...
April 24, 2020 | Blogs
This will come as welcomed news to Ohio health care providers struggling financially during the COVI...
April 23, 2020 | Blogs
West Virginia has a plan to start to reopen for business. Governor Jim Justice laid out this plan th...
April 22, 2020 | Blogs
On April 21, 2020, the United States Secretary (the “Secretary”) for Health and Human Services (...
April 20, 2020 | Blogs
Rural health clinics (RHCs) and federally qualified health centers (FQHCs) are among the health care...
April 17, 2020 | Blogs
The Centers for Medicare and Medicaid Services issued an Interim Final Rule (“Rule”) containing,...
April 16, 2020 | Blogs
While innovation in communication (and Medicare reimbursement) has been evolving, the COVID-19 crisi...
April 16, 2020 | Blogs
In response to COVID-19, the Centers for Medicare and Medicaid Services (CMS) issued a document sett...
April 14, 2020 | Blogs
The Coronavirus Aid, Relief and Economic Security (CARES) Act and the Centers for Medicare and Medic...
April 14, 2020 | Blogs
On April 11, 2020, the federal government issued guidance to ensure that Americans with private heal...
April 10, 2020 | Coronavirus Response Team
The CARES Act signed into law on March 27, 2020, provides $100 billion dollars in “Provider Relief...
April 9, 2020 | Coronavirus Response Team
Recently, our Coronavirus Response Team discussed the potential for private nonprofit organizations ...
April 7, 2020 | Blogs
On March 31, 2020, the Centers for Medicare and Medicaid Services (“CMS”) released an Interim Fi...
April 2, 2020 | Blogs
As summarized in a prior bulletin, on March 23, 2020, the President of the United States issued Exec...
April 1, 2020 | Blogs
Amid responses to the COVID-19 emergency, telehealth has been a frequent area of development. The Se...
March 31, 2020 | Blogs
The COVID-19 outbreak has led to several changes with respect to the delivery of mental health and s...
March 30, 2020 | Blogs
As the number of confirmed COVID-19 cases rises, first responders now must operate in a world with a...
March 27, 2020 | Blogs
On March 23, 2020, the President of the United States issued Executive Order 13910 entitled “Preve...
March 26, 2020 | Coronavirus Response Team
On March 24, 2020, the Centers for Medicare and Medicaid Services (“CMS”) hosted a call for Prog...
March 18, 2020 | Coronavirus Response Team
As businesses across all industries respond to the national emergency, the Center for Medicare and M...
March 2, 2020 | Blogs
Private equity’s expansion into healthcare has proliferated in the past decade, with over 181 priv...
February 25, 2020 | Blogs
Woody Allen famously said that 80% of success is showing up. However, in some settings, including ho...
January 30, 2020 | Blogs
The 340B Drug Pricing Program is a federal government program created in 1992 that requires drug man...
January 29, 2020 | Blogs
Direct primary care practices have received considerable attention lately, so it seems timely to dis...
December 6, 2019 | Blogs
The West Virginia Department of Health and Human Resources Bureau for Public Health (“BPH”) kick...
November 25, 2019 | Blogs
Ohio’s medical marijuana program is almost one year old. Patient numbers have increased since Janu...
October 11, 2019 | Blogs
The Centers for Medicare and Medicaid Services (CMS) has released a long-awaited proposed rule that ...
October 10, 2019 | Blogs
The Medicare Payment Advisory Commission (MedPAC) recommended to Congress in its June 2019 report th...
October 10, 2019 | Blogs
Peppered with references to ride sharing, interoperability, cybersecurity, and electronic health rec...
September 11, 2019 | Blogs
In a first of its kind enforcement action, the Office of Civil Rights at the Department of Health an...
August 28, 2019 | Blogs
Hospitals may wish to enter into joint ventures with physicians for a variety of reasons. Commonly...
July 31, 2019 | Blogs
It’s official — with Governor DeWine’s signature, Senate Bill 57 legalized hemp-derived produc...
July 22, 2019 | Blogs
According to the Centers for Medicare & Medicaid Services (CMS) final rule, effective September ...
July 17, 2019 | Blogs
The Centers for Medicare and Medicaid Services (CMS) and the Office of the National Coordinator for ...
July 8, 2019 | Blogs
Marijuana products liability claims are inevitable. As the marijuana industry increases in size, and...
July 2, 2019 | Blogs
The National Labor Relations Board (NLRB) recently issued a welcome decision that affords employers ...
May 10, 2019 | Blogs
Hold the presses – CMS’s long-awaited guidance on shared space arrangements between hospitals an...
May 1, 2019 | Blogs
As we rapidly approach the fifth month of the year, the Center for Medicare and Medicaid Services (C...
April 26, 2019 | Blogs
The 2018 Farm Bill’s legalization of hemp set the stage for a resurgence in hemp production and ...
April 23, 2019 | Blogs
State laws vary considerably in terms of the professional obligations they place on physicians obtai...
April 18, 2019 | Blogs
As a result of huge costs and pricing pressures, many drug development players are now participating...
March 29, 2019 | Blogs
Hemp is not marijuana – let us start there. This is a critical distinction the Ohio legislature ha...
February 19, 2019 | Blogs
This month, the Ohio Department of Medicaid finalized its regulation (OAC 5160-1-32.1) which creates...
December 20, 2018 | Blogs
Labs, clinical treatment facilities, and recovery homes BEWARE! If you are currently using marketers...
October 29, 2018 | Blogs
On October 3, 2018, Congress approved the SUPPORT for Patients and Communities Act (H.R. 6). This bi...
August 17, 2018 | Blogs
While the Department of Health and Human Services’ Office of Inspector General is looking ba...
July 31, 2018 | Blogs
Co-Author: Joseph Brammer The Office of the Inspector General's (OIG) audit dissected telehe...
July 19, 2018 | Blogs
Co-Author: Maxwell Williams Cash only? Informed consent forms? Waivers of liability? The original...
July 13, 2018 | Blogs
Co-author: Ashley Ramm In response to President Trump’s American Patients First Blueprint, ...
June 26, 2018 | Blogs
Co-author: Nathan Truitt Ironically named the “Choice Demonstration,” the Centers for...
June 8, 2018 | Blogs
Depending on the state in which a nurse practitioner or physician assistant practices, he or she c...
May 9, 2018 | Blogs
This article will go into detail on surety bond requirements that may be imposed on providers of d...
May 2, 2018 | Blogs
Ohio State Auditor David Yost has noted that Ohio has millions of dollars of unpaid obligations ow...
April 25, 2018 | Blogs
This is the third article in a three-part series designed to inform physicians and other health ca...
April 9, 2018 | Blogs
“Grandma’s tremors appear to have gotten worse lately. She mentioned she wants to try ...
April 5, 2018 | Blogs
On March 27, 2018, Governor James C. Justice signed SB 273, which among other dramatic actions lim...
March 20, 2018 | Blogs
Ohio doctors can now apply to become certified to recommend medical marijuana for treatment. The O...
March 14, 2018 | Blogs
This is the second article in a three-part series designed to inform physicians and other health c...
February 23, 2018 | Blogs
This is the first article in a three-part series designed to inform physicians and other health ca...
February 20, 2018 | Blogs
The response at the federal and local level is rapidly evolving to meet the overwhelming need to s...
February 7, 2018 | Blogs
The West Virginia Medical Cannabis Advisory Board (“Advisory Board”) met on February 6...
February 1, 2018 | Blogs
"Direct Primary Care,” or DPC, is a patient care delivery model gaining attention and some d...
January 31, 2018 | Blogs
Physicians interested in recommending medical marijuana are already completing the two hours of co...
January 30, 2018 | Blogs
Down goes a jurisdictional barrier to telehealth: Nurses interested in expanding their practice ca...
January 26, 2018 | Blogs
The Center for Medicare and Medicaid Innovation (CMMI) announced January 10 a new, voluntary bundl...
January 18, 2018 | Blogs
CVS Health announced plans to buy Aetna last month in a $69 billion deal that the New Yo...
January 12, 2018 | Blogs
On the day President Trump was inaugurated, he nominated Seema Verma, a healthcare consultant from...
January 12, 2018 | Blogs
To Kentucky, the grass must have literally been greener on the other side. After Kentucky law...
January 5, 2018 | Blogs
In November of 2017, United States Attorney General Jeff Sessions announced that the Department of...
January 4, 2018 | Blogs
The individual mandate (i.e., that every American must have health insurance coverage or pay a pen...
December 21, 2017 | Blogs
On December 14, 2017, the West Virginia Medical Cannabis Advisory Board announced: (1) the results...
December 15, 2017 | Blogs
The Supreme Court of Kentucky held in an opinion issued August 24, 2017 that Kentucky’s regu...
December 14, 2017 | Blogs
The fallout from the seemingly endless W-2 phishing scams continues to be felt.
December 4, 2017 | Blogs
It’s already a stressful time of year, but for those vying for a license to convert marijuan...
December 1, 2017 | Blogs
The Centers for Medicare and Medicaid Services (CMS) recently released a Final Rule that will cut ...
November 30, 2017 | Blogs
Under the Obama administration, the Department of Justice (DOJ) placed a low priority on pursuing ...
November 29, 2017 | Blogs
OSHA recently announced that employers now have until December 15, 2017 to electronically submit t...
November 13, 2017 | Blogs
Although it is still very early in the tax reform process, provisions in the House tax bill propos...
November 7, 2017 | Blogs
November 1 was the “last chance” for the Centers for Medicare and Medicaid Services (C...
November 7, 2017 | Blogs
Last week, the Centers for Medicare & Medicaid Services (CMS) released two final rules that wi...
October 31, 2017 | Blogs
Ohio physicians interested in treating patients with medical marijuana need to understand their ob...
October 30, 2017 | Blogs
On October 26, 2017, President Trump declared the Opioid Crisis a “public health emergency,&...
October 18, 2017 | Blogs
October 12, 2017, was an eventful day for the Affordable Care Act (ACA) because of two executive o...
October 13, 2017 | Blogs
In 2015, West Virginia experienced the highest rate of deaths due to opioid overdoses in the Unite...
October 13, 2017 | Blogs
As we all know, health care providers such as physicians, nurse practitioners, and registered nurs...
September 20, 2017 | Blogs
“Tort reform” has been a buzzword in the news and legal communities for some time. Wha...
September 20, 2017 | Blogs
For most physicians with significant Medicare business, October 2 marks the beginning of the last ...
September 8, 2017 | Blogs
In West Virginia, medical marijuana will soon be a treatment option for physicians and patients, a...
August 16, 2017 | Blogs
Ohio’s medical marijuana program is set to begin just a little over a year from now. The pro...
August 2, 2017 | Blogs
The Office of the Inspector General (OIG) of the U.S. Department of Health & Human S...
July 12, 2017 | Blogs
West Virginia is the 29th state to authorize medical marijuana use.
July 11, 2017 | Blogs
Only 13! That is the percentage of applicants who will ultimately receive an Ohio medical marijuan...
June 26, 2017 | Blogs
Kentucky providers with prescriptive authority take note: beginning June 29, 2017, new laws (HB 33...
June 12, 2017 | Blogs
In many states, an investigation into a healthcare provider’s license by the Department of H...
June 11, 2017 | Blogs
The National Practitioner Data Bank, or NPDB, is a repository of information created by the f...
March 20, 2017 | Blogs
President Trump said he was “100 percent” in favor of medical marijuana during his cam...
October 3, 2016 | Blogs
“Let’s get together and feel alright” sang the Ohio legislature to those sufferi...
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