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
Healthcare
House Committee Advances Bill Extending Pandemic-Era Telehealth Rules
On May 9, 2024, the U.S. House Ways and Means Committee advanced legislation to extend pandemic-era telehealth flexibilities through 2026. The bill, referred to as the Preserving Telehealth, Hospital, and Ambulance Access Act, would extend the ability of Medicare beneficiaries to access care via telehealth through December 31, 2026, among other things.
During the…
John Zen Jackson Appointed Vice-President of Medical History Society of New Jersey
John Zen Jackson, Of Counsel to the firm’s Healthcare Department, has been appointed Vice-President of the Medical History Society of New Jersey (MHSNJ). Mr. Jackson has been an MHSNJ member since 2013.
Founded in 1980, the MHSNJ is a non-profit organization devoted to promoting and encouraging historical research, analysis, and publication concerning the history…
Key Takeaways for Healthcare Employers Following DOL’s Announcement of Imminent Increases to Exempt Employee Income Thresholds
Healthcare sector employers should take steps to familiarize themselves with the U.S. Department of Labor’s just- announced final rule providing for two-step increases to both the minimum salary level for exempt employees and the thresholds for “highly compensated employees.” Although it remains to be seen whether the rule will survive anticipated legal challenges, if adopted…
FTC Issues Final Rule Banning Non-Compete Clauses: Questions for the Healthcare Industry
The Federal Trade Commission’s approval this week of a final rule voiding and banning nearly all non-compete clauses raises several unanswered questions which are of particular interest to healthcare industry entities. These include whether the FTC will try to enforce the rule against tax-exempt entities, whether healthcare employers will be hesitant to enforce non-compete clauses…
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…
New Jersey Revises Involuntary Commitment Law, Requiring Hospitals to Change Handling of Patients in Need of Involuntary Commitment
In August, Governor Murphy signed into law Senate Bill 3929 (approved P.L. 2023, c. 139), which amended the involuntary commitment process and added, among other things, a mechanism by which hospitals could request an additional 72 hours to hold patients when having difficulty locating a short-term care or psychiatric facility, or special psychiatric hospital with…
Educational Session: The Conclusion of the Public Health Emergencies: What This Means for Healthcare Providers and the Accommodations Put in Place by the Federal and State Governments
John W. Kaveney, a partner in the firm’s Healthcare and Litigation Departments, will present the program “The Conclusion of the Public Health Emergencies: What This Means for Healthcare Providers and the Accommodations Put in Place by the Federal and State Governments” at the New Jersey & Metro Philadelphia HFMA 47th Anniversary Annual Institute. The…
An Update for Hospitals and Healthcare Entities on the Garden State C-PACE Program
In earlier blog posts from April 26, 2023 and August 23, 2022, we have provided information regarding the Garden State Commercial Property Assessed Clean Energy (C-PACE) program, established by the New Jersey Economic Development Authority (EDA) as a mechanism to finance commercial renewable energy projects, energy efficiency initiatives, electric vehicle charging stations, microgrids, power…
What the Expiration of the Public Health Emergency Means for Telehealth
During the COVID-19 pandemic, the federal government and many state governments went to great lengths to relax many of the restrictions on telehealth that had historically limited this medium in the provision of healthcare services to patients. However, in an effort to ensure that patients could continue to access necessary healthcare during this time period…