The FBI issued a warning on June 27, 2025, that criminals impersonating healthcare insurers and fraud investigators are sending text messages and emails to healthcare providers and patients to trick them into providing protected health information (PHI), medical records, personal financial information, or providing reimbursement for alleged overpayments under false pretenses. The FBI warns that these messages are disguised as authentic communications from known authorities. This fraudulent criminal practice is otherwise known as “phishing.”
Federal Court Vacates 2024 HIPAA Privacy Rule Modifications That Supported Reproductive Healthcare Privacy: What Regulated Entities Need to Know
Posted in HIPAA, Privacy, and Data SecurityOn June 18, 2025, the U.S. District Court for the Northern District of Texas issued an order in Purl v. United States Department of Health and Human Services, No. 2:24-CV-228-Z (N.D. Tex. 2025) (the June 18 Order) that vacated recent modifications to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule intended to strengthen reproductive healthcare privacy. In light of this decision, Covered Entities and their Business Associates (Regulated Entities) should consider unwinding any measures they have taken to comply with those HIPAA Privacy Rule modifications. We dive into the details below.
New Florida Law Requires Licensed Health Care Facilities, Providers, and Practitioners to Promptly Refund Patient Overpayments
Posted in Health Care ProvidersDon’t sit on those patient credits. Effective January 1, 2026, a new Florida law (CS/CS/SB 1808) requires licensed health care facilities, providers, and practitioners (each, a “Licensed Provider”) to refund any overpayment made by a patient no later than 30 days after the Licensed Provider determines that the patient made an overpayment.
Florida Chooses to Exclude Health Care Practitioners from New Noncompete Law
Posted in Healthcare LawThe Florida Legislature recently passed a bill, called the CHOICE Act, that augments Florida’s laws governing restrictive covenants to make it significantly easier for employers to enforce two new types of noncompete agreements: (1) “covered garden leave agreements” and (2) “covered noncompete agreements.” However, these new types of agreements and the employer-friendly mechanisms available to enforce them will not apply to licensed health care practitioners.
Idaho’s Defense of Life Act and EMTALA: For Now, A Federal Court Permits an Idaho Health System To Stabilize Pregnant Patients Even If the Care Endangers a Fetus
Posted in Healthcare Law, Healthcare Litigation, Hospitals & Health Systems, PhysiciansAn Idaho federal court has resolved the tension between that state’s restrictive abortion law and the federal Emergency Medical Treatment & Labor Act (EMTALA) in favor of a hospital system’s obligation to stabilize pregnant patients even if that care includes terminating a pregnancy, at least temporarily.
Hospital Leaders: Are You Fully Prepared For the Rising Wave of H-1B Onsite Inspections in Healthcare Systems Nationwide? Let’s Ensure Your Facilities Are H-1B Compliant!
Posted in Hospitals & Health Systems, Labor Relations & Employment LawIn recent months, hospitals and healthcare systems across the country have seen an increase in random and unannounced worksite inspections by immigration officers, particularly targeting H-1B nonimmigrant worker visa holders. These inspections aim to verify employers’ compliance with H-1B program requirements, including proper recordkeeping, worksite accuracy, and adherence to position and salary terms. As these inspections become more frequent and rigorous, it’s essential for hospital systems to assess their H-1B compliance practices and prepare for potential federal reviews.
Harmonizing Federal and Florida Laws on Prescribing Controlled Substances Through Telehealth
Posted in Digital HealthPractitioners who want to prescribe controlled substances via telehealth to patients in Florida must meet the requirements of both federal and state law. The federal Drug Enforcement Administration (DEA) and the Florida legislature have recently amended the applicable federal regulations and state laws, respectively, to allow the prescribing of controlled substances via telehealth[*] without conducting an in-person evaluation under certain circumstances. There are key differences between federal and state law, so practitioners prescribing controlled substances via telehealth to patients in Florida should be aware of the particular requirements of each.
No (Public) Comment: HHS Rescinds Policy on Public Participation in Rulemaking
Posted in UncategorizedThe Department of Health and Human Services (HHS) recently rescinded its policy dating back to 1971 to now allow its agencies and offices to quickly alter certain rules and regulations without public notice and comment. The Nixon-era policy had waived the statutory exemption from procedural rulemaking requirements for rules and regulations relating to public property, loans, grants, benefits, or contracts. HHS’ new Policy on Adhering to the Text of the Administrative Procedure Act (APA) will enable such regulatory changes as well as matters relating to agency management or personnel to proceed without public participation via notice and comment rulemaking.
Blizzard of Executive Orders Signals Trump Administration’s Healthcare Priorities
Posted in UncategorizedAs harsh winter weather swept the nation’s capital, President Donald Trump commenced his second term by signing a blizzard of Executive Orders (EOs) that span many hot-button issues. Several of the EOs signal President Trump’s agenda for the U.S. healthcare system. These EOs rescind former President Joe Biden’s directives aimed at expanding healthcare coverage under the Affordable Care Act (ACA) and Medicaid and at lowering drug costs. They also instruct federal agencies to take certain steps with respect to sex and gender identity, which will change how the healthcare industry is regulated. One new EO draws an incomplete picture of a spectrum between purportedly lawful efforts to ensure compliance with the Civil Rights Act of 1964 and purportedly unlawful “diversity, equity, and inclusion” (DEI) and “diversity, equity, inclusion, and accessibility” (DEIA) practices. Federal agencies must now adopt new contractual provisions that could increase federal False Claims Act (FCA) enforcement risks for government contractors, healthcare, and downstream vendors. This practice group update summarizes President Trump’s key EOs from a healthcare perspective and discusses their broader implications. Critically, this is an evolving area of what appears to be a focal point for the new Administration. We expect to revise this practice group update as appropriate.
False Claims Act Enforcement Trends in Healthcare: FY 2024
Posted in Fraud & Abuse & False Claims ActThe Department of Justice (DOJ) released its annual False Claims Act (FCA) enforcement statistics on January 15, 2025, announcing that it had recovered in excess of $2.9 billion from FCA resolutions during Fiscal Year (FY) 2024 (ending September 30, 2024).
