A group of twenty states has filed a lawsuit against the Trump administration alleging that the Affordable Care Act (ACA) is unconstitutional. Plaintiffs take the position that the elimination of the individual mandate penalty in the Tax Cuts and Jobs
February 2018
Amended Colorado bill aims to enhance data privacy laws
As Health Law Pulse posted on January 29, 2018, lawmakers in Colorado are considering legislation that, if enacted, would significantly strengthen Colorado’s data privacy protections. On Wednesday, February 14, 2018, an amended bill passed unanimously in Colorado’s House Committee…
The US Departments of HHS, Labor, and Treasury propose expanded access to short-term, limited duration insurance
On February 20, 2018, the Departments of Health and Human Services, Labor, and Treasury (the Departments) published a proposed rule to expand the availability of short-term, limited-duration insurance (STLDI) in order to “provide more affordable consumer choice for health coverage.” …
Budget Act codifies Stark liberalizations
As we previously reported, on February 9, the U.S. Senate and House of Representatives approved the Bipartisan Budget Act of 2018 (the “Act”) and President Trump subsequently signed the bill into law. Section 50404 of the Act includes several…
Congressional hearings held on the Trump administration’s FY 2019 budget request and health care industry consolidation
On February 14, 2018, the Centers for Medicare & Medicaid Services (CMS) announced projections that national health care spending is expected to increase an average of 5.5% a year between 2017 – 2026 and will account for almost 20% of …
Connecticut case finds health care privacy cause of action
On January 16, 2018, the Connecticut Supreme Court unilaterally created a new state law cause of action for violation of a patient’s health care privacy. (Byrne v. Avery Center for Obstetrics & Gynecology, P.C., 327 Conn. 540, __…
US Congress agrees to and President Trump signs budget deal that includes health care provisions
Early this morning, Friday, February 9, the US Senate voted 71 – 28 to approve a budget proposal. Subsequently, the House of Representatives passed by a 240 – 186 vote the budget package and President Trump has signed the bill …
Centers for Medicare & Medicaid Services proposes policies and updates to Medicare Advantage and Part D programs for 2019
On February 1, 2018, the Centers for Medicare & Medicaid Services (CMS) proposed changes to the Medicare Advantage and Part D programs through the Advance Notice and Draft Call Letter (Advance Notice) for calendar year 2019. As required by section…
Deregulatory wave prompts renewed examination of Stark Law application
In another sign that the Trump administration’s penchant for regulatory flexibility may apply to the federal fraud-and-abuse regulatory regimes, CMS administrator Seema Verma announced during an AHA Town Hall webcast on January 17 that CMS is convening an interagency group…
HHS OCR issues cyber extortion newsletter
This week, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published a January 2018 newsletter focusing on “cyber extortion.” Cyber extortion often involves an attacker gaining access to an organization’s computer system, stealing sensitive…