Labor & Employment

Entities interested in entering into health care related industries must consider compliance with the corporate practice of medicine doctrine. In a number of states, the corporate practice of medicine doctrine prohibits corporations from practicing medicine or employing a physician to provide professional medical services.

Rules, requirements and regulatory complexity may be barriers to entry in the world of digital health startups, but they also present opportunities.

On December 30, 2021, the DOL issued FAB No. 2021-03, “Temporary Enforcement Policy Regarding Group Health Plan Service Provider Disclosures Under ERISA Section 408(b)(2)(B)” to address outstanding questions regarding the application of these CAA compensation disclosure requirements.

Despite continuing disputes over the CMS vaccine mandate, CMS will proceed with its enforcement in those states where it is not enjoined from doing so.

The CMS vaccine rule -- which applies to the staff of many Medicare- and Medicaid-certified providers such as hospitals, long-term care facilities, home-health agencies, and hospices, and which has dominated news headlines in recent weeks – is back in action, at least in some states.

On November 4, 2021, the Centers for Medicare & Medicaid Services (CMS) issued an interim final rule that requires most Medicare and Medicaid certified providers and suppliers to vaccinate staff members within 60 days.

Recent court trends suggest that preemption under the Employee Retirement Income Security Act (ERISA) may not apply to certain state laws that regulate pharmacy benefit managers (PBMs), including state laws governing Maximum Allowable Cost (MAC).

Does the CDC’s new guidance for vaccinated people impact state and local orders or rules that may still require mask wearing and social distancing?

According to new guidance issued by the CDC, individuals who are fully-vaccinated for COVID-19 are no longer required to wear a mask or practice social distancing in most indoor and outdoor settings. Can employers now change their policies on mask use?