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Client Alerts, News Articles, Blog Posts, & Multimedia
Everything you need to know about BMD and the industry.
Client Alert
LGBTQIA+ Patients and Discrimination in Healthcare
June 6, 2024
In early April, the Kaiser Family Foundation released a study outlining the challenges that LGBT adults face in the United States related to healthcare. According to the study, LGBT patients are “twice as likely as non-LGBT adults to report negative experiences while receiving health care in the last three years, including being treated unfairly or with disrespect (33% v. 15%) or having at least one of several other negative experiences with a provider (61% v. 31%), including a provider assuming something about them without asking, suggesting they were personally to blame for a health problem, ignoring a direct request or question, or refusing to prescribe needed pain medication.”
Posted by
Jeana Singleton and Rachel Stermer
Client Alert
Starting an Advanced Practice Provider Practice
May 13, 2024
Advanced practice providers (APPs), which includes non-physician providers such as nurse practitioners, physician assistants, and nurse anesthetists, commonly start their own healthcare practices. Practices may provide, for example, service offerings such as primary care, anesthesiology, mental health, and aesthetics (medical spas). However, there are a number of considerations and steps that must be taken for APPs to compliantly function independently.
Posted by
Jeana Singleton and Rachel Stermer
Client Alert
New Federal Medical Conscience Rule and Its Implications
May 13, 2024
The Department of Health and Human Services Office for Civil Rights issued a Final Rule to clarify protections for healthcare providers who refuse services based on religious or moral beliefs. This includes protection against discrimination for refusing procedures like assisted suicide or abortion. The OCR can receive complaints, conduct investigations, and enforce these protections. Entities are encouraged to update policies accordingly and display a model notice provided by the OCR.
Posted by
Jeana Singleton and Rachel Stermer
Client Alert
Health Care Inclusivity for the LGBTQIA+ Community
October 5, 2023
Healthcare providers, regardless of practice setting, should be aware of the healthcare disparities for LGBTQIA+ individuals, and ways in which they can be more inclusive of these individuals by making modifications to their practices.
Posted by
Jeana Singleton and Rachel Stermer
Client Alert, Multimedia
WEBINAR SERIES RECAP | Ending the Public Health Emergency + Post-Pandemic Check-Up
May 10, 2023
Some may take the position that the rest of the country already returned to a new “normal” following the COVID-19 pandemic. But healthcare providers continue to implement COVID protocols and navigate the ever-changing healthcare regulations at both the federal and state levels. It is important for healthcare providers to take time for a “Healthcare Check-Up” with the start of 2023 and the ending of the Public Health Emergency (“PHE”).
Posted by
Ashley Watson, Daphne Kackloudis, Jeana Singleton, Amanda Waesch, and Bryan Meek
Client Alert
Ohio Medical Board Releases New Telehealth Rules
February 23, 2023
On Tuesday, February 21, 2023, the State Medical Board of Ohio released its final telehealth rules to implement Ohio’s telehealth statute (O.R.C. 4743.09) for physicians, physician assistants, dieticians, respiratory care professionals and genetic counselors. Ohio’s advanced practice registered nurses (“APRNs”) should also take note of these rules. While the Medical Board does not govern APRNs directly, those APRNs who are required to have a collaborating physician and standard care arrangement (namely nurse practitioners, certified nurse midwives, and clinical nurse specialists) are still affected by the rules. Generally, if an APRN’s collaborating physician is limited in their practice, then the APRN will also be limited.
Posted by
Jeana Singleton
Client Alert
The End of the Public Health Emergency is (Finally) Here
February 23, 2023
The COVID-19 Public Health Emergency (“PHE”) that has been in effect for over three years is finally slated to end on May 11, 2023.[1] With the end of the PHE will come many changes for healthcare providers to be aware of; however, some changes may not come until much later.
Posted by
Jeana Singleton and Rachel Stermer
Client Alert
The End of Non-Competes? The Impact It Will Have on the Healthcare Industry
January 10, 2023
On January 5, 2023, the Federal Trade Commission (“FTC”) announced a proposed rule that, if enacted, will ban employers from entering into non-compete clauses with workers (the “Rule”), and the Rule would void existing non-compete agreements. In their Notice, the FTC stated that if the Rule were to go into effect, they estimate the overall earnings of employees in the United States could increase by $250 billion to $296 billion per year. The Rule would also require employers to rescind non-competes that they had already entered into with their workers. For purposes of the Rule, the FTC has defined “worker” to also include any employees, interns, volunteers, and contractors.”
Posted by
Jeana Singleton, Bryan Meek, Adam Fuller and Rachel Stermer
Client Alert
FAQs: Administrative Fees Under Medicare
September 14, 2022
Late patients, last-minute cancellations, and difficulty in collecting fees are all common complaints from our healthcare clients. As such, it is no wonder that a common topic among our healthcare clients revolves around what administrative fees can be charged to patients and related issues.
Posted by
Jeana M. Singleton, JD
Client Alert
A Win for the Hospitals: An Update on the Latest 340B Lawsuit
June 16, 2022
On Wednesday, the Supreme Court unanimously rejected massive payment cuts to hospitals under the 340B drug discount program. Now, the Department of Health and Human Services no longer has the discretion to change 340B reimbursement rates without gathering data on what hospitals actually pay for outpatient drugs. This “straightforward” ruling was based on the text and structure of the statute, per the Supreme Court. Simply put, because HHS did not conduct a survey of hospitals’ acquisition costs, HHS acted unlawfully by reducing the reimbursement rates for 340B hospitals.
Posted by
Jeana Singleton and Jordan Burdick
Client Alert
New York, Kansas, Massachusetts, and Delaware Become the latest States to Adopt Full Practice Authority for Nurse Practitioners
May 19, 2022
While the COVID-19 pandemic certainly created many obstacles and hardships, it also created many opportunities to try doing things differently. This can be seen in the instant rise of remote work opportunities, telehealth visits, and virtual meetings. Many States took the challenges of the pandemic and turned them into an opportunity to adjust the regulations governing licensed professionals, including for advanced practice registered nurses (APRNs).
Posted by
Jeana M. Singleton
Client Alert
Advanced Practice Providers and Telemedicine Start-Up Surge
March 8, 2022
Throughout the COVID-19 pandemic, we heard a lot about “surges” that happened all over the country regarding the virus. One of the other interesting “surges” we have followed is the “surge” in new healthcare business start-ups, particularly businesses owned by advanced practice providers, such as nurse practitioners, physician assistants, certified nurse midwives, clinical nurse specialists, and certified registered nurse anesthetists (“Advanced Practice Providers” or “APPs”). One of the hottest areas in the healthcare start-up surge has been the creation of practices that are telemedicine focused.
Posted by
Jeana Singleton with Rachel Stermer
News Article
Brennan Manna Diamond Congratulates 2022 Crain’s Cleveland Notables in Law
February 28, 2022
BMD Press Release
Posted by
Brennan, Manna & Diamond
Client Alert
EKRA Updates: COVID-19 Testing, Employment Agreements, and More
May 7, 2021
Ever since the Eliminating Kickbacks in Recovery Act (“EKRA”) was passed by Congress in 2018, we have been waiting to see how the law is interpreted and ultimately enforced. As a reminder, EKRA seeks to eliminate kickbacks in return for patient referrals to facilities that treat those overcoming addiction, such as recovery homes, clinical treatment centers, and laboratories. (NOTE: EKRA applies to all laboratories, not just those related to addiction treatment.) It is essentially an expansion of the Anti-Kickback Statute, which only applies to those services that are reimbursable through federal healthcare programs such as Medicare and Medicaid, to now also cover services reimbursable through private insurers.
Posted by
Jeana Singleton with Rachel Stermer
Client Alert
Surprise! A Cautionary Tale for Out-Of-Network Billing: The No Surprises Act and the Impact on Healthcare Providers
February 25, 2021
SURPRISE! Congress passed The No Surprises Act at the end of 2020. Providers, particularly those billing as out-of-network providers, should start thinking about strategies to comply with this new law, set to take effect on January 1, 2022. In its most basic sense, the new law prohibits providers from billing patients for more than the in-network cost-sharing amount in most situations where surprise bills happen. It specifically applies to non-government payers and the amounts will be set through a process described in the new law. In particular, the established in-network cost-sharing amount must be billed for the following services:
Posted by
Jeana Singleton
Client Alert
Ohio S.B. 310 Loosens Practice Barrier for Advanced Practice Providers
January 14, 2021
S.B. 310, signed by Ohio Governor DeWine and effective from December 29, 2020 until May 1, 2021, provides flexibility regarding the regulatorily mandated supervision and collaboration agreements for physician assistants, certified nurse-midwives, clinical nurse specialists and certified nurse practitioners working in a hospital or other health care facility. Originally drafted as a bill to distribute federal COVID funding to local subdivisions, the healthcare related provisions were added to help relieve some of the stresses hospitals and other healthcare facilities are facing during the COVID-19 pandemic.
Posted by
Jeana Singleton and Ashley Watson
Client Alert
HHS Issues Opinion Regarding Illegal Attempts by Drug Manufacturers to Deny 340B Discounts under Contract Pharmacy Arrangements
January 14, 2021
The federal 340B discount drug program is a safety net for many federally qualified health centers, disproportionate share hospitals, and other covered entities. This program allows these providers to obtain discount pricing on drugs which in turn allows the providers to better serve their patient populations and provide their patients with access to vital health care services. Over the years, the 340B program has undergone intense scrutiny, particularly by drug manufacturers who are required by federal law to provide the discounted pricing.
Posted by
Jeana Singleton
Client Alert
Healthcare Speaker Programs: New OIG Alert
December 11, 2020
In a rare Special Fraud Alert issued on November 16, 2020 (the “Alert”), the Office of Inspector General (“OIG”) urged companies who host speaker programs to reassess their programs in light of the “inherent risks” associated with these activities. The Alert reports that, in the last three years, drug and device companies have reported paying nearly $2 billion to health care professionals for speaker-related services.
Posted by
Jeana Singleton and Ashley Watson
Client Alert
Value-Based Care Advances – CMS Issues New Final Rules for Stark and Anti-Kickback Statutes
December 11, 2020
The Centers for Medicare & Medicaid Services (“CMS”) and the Department of Health and Human Services (“HHS”) Office of the Inspector General (“OIG”) issued two highly anticipated (and quite extensive) Final Rules to reform the Stark Law and Anti-Kickback Statute (“AKS”) regulations. The Final Rules generally take effect on January 19, 2021. The Final Rules include new safe harbors for the AKS and new exemptions to the Stark Law to allow for greater flexibility. According to the HHS, the goal of updating both laws is to make it easier for providers to engage in care coordination and value-based care programs without running afoul of the statutes. Please note that this client alert could not cover the full extent of the Final Rule changes so please contact your BMD Healthcare attorney with questions.
Posted by
Jeana Singleton and Ashley Watson
Client Alert
President Trump Signs Executive Orders that Enable Access to Affordable Meds
July 29, 2020
On Friday, July 24, 2020, President Trump signed four Executive Orders concerning prescription drug pricing which collectively direct the Secretary of the Department of Health and Human Services (HHS) to take following actions: 1. Increase Patient Access to Insulin and Injectable Epinephrine 2. Facilitate the Importation of Certain Prescription Drugs 3. Remove the Anti-Kickback Safe Harbor Protection for Prescription Rebates 4. Implement the “Most Favored Nation” Order to Lower Medicare Part B Drug Cost
Posted by
Jeana M. Singleton, Esq. and Monica B. Andress
Client Alert
DOJ Updates Corporate Compliance Plan Guidance
June 18, 2020
With the passage of the Affordable Care Act in 2010, all healthcare providers were required to adopt and implement a corporate compliance plan. Historically, having an effective corporate compliance plan in place has been key to defending healthcare providers in fraud and abuse actions by Medicare, Medicaid, and commercial payers. Over the past couple of years, the U.S. Department of Justice’s (DOJ) Criminal Division has increased the number of prosecutions against U.S. corporations, including healthcare providers. Earlier this month, the DOJ’s Criminal Division updated its “Evaluation of Corporate Compliance Programs” guidance to educate prosecutors on how a corporate compliance program will be evaluated going forward.
Posted by
Jeana Singleton & Richard Crosby
Client Alert
Healthcare Providers: Comparison of New OIG Waivers and Flexibilities under Anti-Kickback Statute in Response to COVID-19
April 21, 2020
On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued several temporary regulatory waivers to further enable the American healthcare system to respond to the COVID-19 pandemic with more efficiency and flexibility (the “Blanket Waivers”).
Posted by
Chelsea M. Remick & Jeana M. Singleton
Client Alert
CMS Offers New Stark Waivers and More Flexibility to Health Care Providers Due to COVID-19
April 2, 2020
On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued several temporary regulatory waivers to further enable the American healthcare system to respond to the COVID-19 pandemic with more efficiency and flexibility. The official publication can be found here: Physicians and Other Clinicians: CMS Flexibilities to Fight COVID-19.
Posted by
Jeana M. Singleton
Client Alert
BMD COVID-19 Healthcare Provider Resource Guide
March 18, 2020
Providers - for the latest information related to Medicaid/Medicare, Telehealth, HIPAA, CPT Codes, as well as Ohio and Federal Information, click here for a comprehensive resource guide to navigating during the Coronavirus pandemic.
Posted by
BMD Healthcare and Hospital Law Practice Group
Client Alert
Nation’s First Conviction Under EKRA
March 3, 2020
Last month, the Department of Justice announced its first ever guilty plea under the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”).
Posted by
Jeana Singleton
News Article
FTC Supports Retiring the Ohio APRN Collaborative Agreement
January 14, 2020
As an industry leading advocate and general counsel for the Ohio Association of Advanced Practice Nurses, Brennan, Manna & Diamond attorney, Jeana M. Singleton, has been integral in efforts to bring an outdated regulatory structure into the 21st century by modernizing the law and expanding access to care.
Posted by
Jeana M. Singleton
Blog Post
Blockchain in Healthcare
July 25, 2019
Martin Pangrace and Jeana Singleton presented at the Inaugural Midwest Telehealth Resource Center Annual Conference held July 23-24, 2019 in South Bend, Indiana.
Posted by
Blog Post
Planning for Vacation, Planning for Health
May 22, 2019
When thinking about the joint replacement space, it seems logical that such an event deserves at least the same amount of preparation (if not more) as a summer vacation, particularly since it will probably be more expensive and more life changing than the typical summer vacation.
Posted by
Jeana M. Singleton, Co-founder, Tenamark, LLC and Member, BMD