On June 25, 2024, the Final Rule issued by the Office of Civil Rights (OCR) that amended the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA) became effective as a means of further protecting personal health information (PHI) related to reproductive healthcare privacy. Following the 2022 U.S. Supreme Court decision in Dobbs
GRSD Healthcare Team
Healthcare Department
From regulatory issues to complex transactional and litigation matters to day-to-day business counseling, today’s healthcare industry faces a myriad of legal challenges that require the depth and breadth of a well-rounded and experienced team of professionals. The attorneys in the Healthcare Department at Greenbaum, Rowe, Smith & Davis possess a sophisticated understanding of the unique healthcare business environment, both here in New Jersey and beyond.
The members of the firm’s healthcare team counsel a roster of clients that includes many of New Jersey’s foremost healthcare systems, hospitals and medical facilities, medical staffs, organized delivery systems (ODSs), clinically integrated networks (CINs), independent practice associations (IPAs), physicians and physician group practices, dentists and dental practices, physician and hospital-physician joint ventures, pharmaceutical companies, managed care organizations, home health agencies, nursing homes, behavioral health organizations, healthcare industry vendors, medical device manufacturers, management service organizations (MSOs), private equity firms, and industry-associated financial and corporate entities. This inclusive representation has propelled the team to statewide and national prominence within the healthcare field.
Our comprehensive healthcare practice encompasses numerous areas of focus. The attorneys in this practice area possess the requisite targeted expertise and hands-on experience to effectively represent a broad range of healthcare industry clients across a spectrum of legal concerns
Visit our website to contact the Healthcare Department.
NJ Appellate Division Upholds BME Suspension of Doctor’s License
A recently decided case, In the Matter of the License of Pemberton, M.D., is an example of the deference New Jersey courts give to decisions made by the New Jersey State Board of Medical Examiners. On June 10, 2024, the New Jersey Appellate Division upheld the Board’s decision to suspend a doctor’s license after…
How Hospitals Can Meet Obligations Under EMTALA With Help from HHS and CMS
Hospitals and healthcare providers should continue to understand their professional and legal duties under the Emergency Medical Treatment and Labor Act (EMTALA) in anticipation of the comprehensive plan the Department of Health and Human Services (HHS) announced it would launch together with the Centers for Medicare & Medicaid Services (CMS) in a press release on…
Navigating the Uncertainty of State Abortion Laws: Suggestions for Hospitals Amid the Rise of Federal Investigations
On January 2, 2024, the United States Court of Appeals for the Fifth Circuit affirmed the Texas District Court’s ruling allowing Texas to ban emergency abortions in spite of the Emergency Medical Treatment and Active Labor Act (EMTALA). Following a preliminary injunction blocking the U.S. Department of Health and Human Services (HHS) from enforcing the…
Concerns About Telehealth and Telemedicine Across State Lines in a Post-Pandemic World
The COVID-19 pandemic created a paradigm shift in the world of medicine with the increased use of telehealth and telemedicine to meet the challenge of expanding the delivery methods patients used to access health care. Although the federal Public Health Emergency related to COVID has now ended, telehealth providers must continue to monitor developments in…
Physician Restrictive Covenants: FTC Targets Non-Compete Clauses as Unfair Method of Competition
On January 5, 2023, the Federal Trade Commission (FTC) published a notice of proposed rulemaking (NPR) for a non-compete clause rule. The NPR, if approved as published, would ban as an unfair method of competition all non-compete clauses between an employer and workers in all industry sectors throughout the country. The NPR might also extend…
Good Faith Investigations and Reporting Can Provide Immunity For Medical Staffs and Healthcare Entities Facing Frivolous and Retaliatory Claims
Healthcare entities that diligently monitor medical staff members and take timely actions to protect patients from substandard care are entitled to immunity from frivolous and retaliatory claims if the healthcare entity engaged in a good faith peer review pursuant to the Health Care Quality Improvement Act of 1986 (HCQIA). The HCQIA was enacted to encourage…
Preventing the Unlicensed Practice of Telemedicine Across State Lines
The COVID-19 pandemic created a paradigm shift in the world of telehealth and telemedicine by presenting challenges and opportunities to expand the delivery methods used to access healthcare. With the continued advancement of the technology behind it, telemedicine offered opportunities for healthcare practitioners to practice medicine across state lines when the patient was in a…
Eighth Circuit Imposes Stricter Causation Standard for FCA Cases Premised on Anti-Kickback Violations
A recent holding by the Eighth Circuit Court of Appeals in United States ex rel. Cairns v. D.S. Med., LLC took a stance on the causation standard for False Claims Act (FCA) cases premised on violations of the Anti-Kickback Statute (AKS) and may provide defendants in those cases with the ability to raise a valid…
Can Telemedicine Shape a Landscape to Enable Healthcare Providers to Continue Abortion Care in a Post-Roe World?
In today’s post-Roe world, women living in states where abortion is illegal have begun to search for alternative options when seeking abortion services. Regulatory policies and state laws, which have not previously had to account for these alternatives, are now impacted by the unprecedented means being used to increase access.
At present, more than…