Policy & Compliance

Expert Analysis

• What's Next For Adult-Use Marijuana In Ohio

  

  After Ohio voters defeated a proposal that would have made it harder to pass any citizen-initiated constitutional amendment, a state ballot measure to legalize adult-use marijuana has fairly good chances of passing — but advocates still face a long road ahead, say Perry Salzhauer and David Waxman at McGlinchey Stafford.

• Unpacking CMS' Latest Proposals For Telehealth Flexibilities

  

  The Centers for Medicare and Medicaid Services' calendar year 2024 proposed rule includes a number of important extensions to telehealth flexibilities, acknowledging the importance of these temporary policies, but permanent certainty will require further legislative action and agency rulemaking, say attorneys at Baker Donelson.

• Congress Needs Better Health Care Fraud Data From DOD

  

  The U.S. Department of Defense does not collect enough data to prevent health care and service contractor fraud and waste, so Congress should enact benchmarks that the DOD must meet when gathering and reporting data, enabling lawmakers to make better-informed decisions about defense appropriations, says Jessica Lehman at Verizon.

• The Pop Culture Docket: Judge Elrod On 'Jury Duty'

  

  Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

• 4 Business-Building Strategies For Introvert Attorneys

  Excerpt from Practical Guidance

  

  Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

• No Surprises Act Creates Payment Challenges For Providers

  

  Since the implementation of the No Surprises Act last year, flaws in the federal Independent Dispute Resolution process — particularly enforceability issues — have left providers struggling to get paid for out-of-network emergency services, say Carrie Douglas and Julia Kowalsky at Bracewell.

• 3 Ways Justices' Disclosure Defenses Miss The Ethical Point

  

  The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

• Preparing For New Scrutiny Of Consumer Medical Financing

  

  With U.S. health and consumer credit watchdogs soliciting feedback on medical credit cards and related loans, financial institutions and fintech companies that offer these payment products should prepare for potential increased regulatory scrutiny by taking steps to confirm their business practices prioritize patient well-being and financial security, say Benjamin Saul and Tarrian Ellis at Greenberg Traurig.

• Breaking Down The Long-Awaited HHS Info Blocking Rule

  

  Although the U.S. Department of Health and Human Services' Office of Inspector General's final information-blocking enforcement rule is a step toward regulating conduct, there is still no rule for appropriate disincentives for provider-actors, leaving a significant enforcement gap, say attorneys at Sheppard Mullin.

• SEC Cybersecurity Rule Presents Burden For Health Care Cos.

  

  A new rule from the U.S. Securities and Exchange Commission aims to increase cybersecurity resiliency, but may only force regulated entities — particularly those in the health care space — to face a far more complicated environment with increased strategic and litigation risks, say Bess Hinson and Angad Chopra at Holland & Knight.

• Caregiver Flexibility Is Crucial For Atty Engagement, Retention

  

  As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

• Online Tracking Tech Brings HIPAA Compliance Risks

  

  Amid increasing scrutiny and litigation over uses of online tracking technology, it's critical for companies under the purview of the Health Insurance Portability and Accountability Act to carefully navigate website cookies' collection of protected health information, which may happen without website operators' knowledge, says Richard Sheinis at Hall Booth.

• Nursing Homes Must Prepare For Ownership Scrutiny

  

  Due to the Centers for Medicare & Medicaid Services' designation of nursing home ownership changes as a high risk category, and increased transparency and notice obligations for changes in skilled nursing facility ownership set to take effect in Pennsylvania in October, owners should anticipate a heightened level of review and delays, say Mark Mattioli and Paula Sanders at Post & Schell.