Yesterday, the Supreme Court issued a joint opinion in the SuperValu and Safeway cases, unanimously holding that the scienter element of the False Claims Act (“FCA”) refers to a defendant’s knowledge and subjective beliefs rather than what an... Read More
In the rapidly evolving landscape of healthcare, small and medium-sized home healthcare providers play a crucial role in delivering quality care to individuals in need. As home healthcare continues to provide better access, improve outcomes and save... Read More
Frier Levitt recently assisted a New York-based Physician in challenging and resolving an improperly implemented Focused Professional Peer Evaluation (“FPPE”) by a New York Hospital. A FPPE is a process used by hospitals and other healthcare... Read More
After DEA’s of its draft temporary rule last week, the Drug Enforcement Administration (“DEA”) has officially published a temporary rule expanding COVID-19 related flexibilities for prescribing controlled substances via telehealth. The... Read More
Beginning in March 2020 with the shutdown orders effectuated by Governor Phil Murphy, the various licensing boards organized under the State of New Jersey, Division of Consumer Affairs, experienced a significant decrease in activity. The state was... Read More
Continuing its aggressive efforts to combat fraud, waste and abuse in the health care system, the Federal government has focused on providers’ practices related to the disposing of and billing for single-use drugs and biological waste. Frier... Read More
Last month, HHS Office for Civil Rights (“OCR”) announced that its COVID-19 related enforcement discretion regarding the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) will end on May 11, 2023, coinciding with the... Read More
While the survival and enforceability of noncompete agreements remain uncertain, those that exist are still being challenged, and courts are scrutinizing the language contained therein. Courts have routinely enforced noncompete agreements that were... Read More
Fraud is a persistent issue in the history of U.S. healthcare. However, with the government’s decreased oversight and the implementation of telehealth billing codes and diagnostic abilities during the COVID-19 pandemic, new opportunities for... Read More
The Food and Drug Administration (“FDA”) regulates and categorizes human cell and tissue products (“HCT/Ps”) based on the public health risks they pose. HCT/Ps are biological products that are used to repair, replace or regenerate human... Read More
