Category: Medical & Health Care

The End is Near: The Official End of the Pandemic Means Return to Normal for Regulatory Enforcement of Stark Law and Anti-Kickback Statute 

5/16/23

By LaShay Byrd and Kyle Virgin

The COVID-19 Public Health Emergency (PHE) is set to officially end on May 11, 2023 and with it several extraordinary regulatory flexibilities will end as well. In the early days of COVID-19, the …

A de novo Look at the FDA’s de novo Classification Process and Preemption

5/11/23

By Kevin M. Ringel and Kevin G. Kenneally  

A recent federal court decision, Desch v. Merz North America, Inc. & Ulthera Inc., No. 22-cv-02688 (HG), 2023 WL 2734671 (E.D.N.Y Mar. 31, 2023), highlights an untested area of medical device …

Business and Legal Considerations for Nursing Homes: Bill of Rights, Fee-Shifting, and Damage Caps for Assisted Living/Long-Term Care Facilities Within FMG’s National Footprint

3/13/23

By Lisa R. House, Paul-Michael La Fayette, and Kevin Ringel

Assisted living and long-term care facilities doing business or expanding into FMG’s national footprint should be aware of differences in state law that directly impact litigation involving their industry.   

This …

The end of the Covid-19 public health emergency: impacts for hospitals, healthcare providers, and telehealth

3/2/23

By: Kevin Ringel and Lisa House

On January 30, 2023, the Biden Administration announced that the Covid-19 public health emergency will end on May 11, 2023. The public health emergency has been in effect since …

New York’s 175-Year-Old Wrongful Death Statute Lives on

2/2/23

By Lisa R. House and Josh Ferguson

New York Governor Kathy Hochul vetoed the Grieving Families Act this week. The bill expanded who could recover for the wrongful death of a family member, the type of damages that could be …