Dorsey Health Law Blog

HHS and FDA Take Additional Measures to Aid Post-PHE Transition for Pharmacy Providers

For the last three years, the federal government has taken considerable steps to aid providers in the fight against COVID-19. Although many of the waivers and flexibilities initiated in response to the pandemic have since expired or are in the process of being phased out, other federal agencies, including the Department of Health and Human...

Tracking Online User Activity: HIPAA and Other Legal Risks

The use of tracking technologies on websites and mobile applications (e.g., cookies) has become largely ubiquitous in our technology-driven world. Health care providers and organizations, for example, may use tracking technologies to identify their patients’ care needs and improve patient experience. As the use of tracking technologies burgeons, so do concerns from individuals about how...

FTC Takes First Enforcement Action for Violation of the Health Breach Notification Rule – A Federal Health Privacy Rule Beyond HIPAA

On February 1, 2023, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the Northern District of California alleging that digital health platform GoodRx violated the FTC Act by repeatedly sharing personal health information with advertising companies and platforms, such as Facebook and Google, and failed to report the unauthorized...

Recent DOJ Settlements Involving DME Manufacturers Highlight Important Anti-Kickback Considerations

The Department of Justice (“DOJ”) recently announced two settlement agreements, both involving durable medical equipment (“DME”) companies, following allegations that the companies had violated the Anti-Kickback Statute (“AKS”). The AKS, found at 42 U.S.C. § 1320a-7b, prohibits the exchange of anything of value (i.e., remuneration) with any intent to induce referrals for services or products...

CDC Issues Major Updates for Healthcare Providers and Eases Masking and Other Infection Control Requirements – Important Information for Employers

For the last few months, we have been fielding calls from clients in the healthcare industry asking about things such as whether they still needed to screen patients upon entry to facilities, whether employees must still wear masks at all times, and whether they still had to treat vaccinated employees differently from unvaccinated employees.  We...

Eighth Circuit Analyzes Scope of FCA Liability Under Anti-Kickback Statute

The Dorsey Health Law blog team keeps readers up-to-date on relevant topics in the health care industry. In order to do so, the members of the blog team communicate regularly with other practice groups within the firm for applicable updates from client publications. For this post, we would like to thank Dorsey’s Scott Mah and...

DOJ Paving a More Structured Path for Corporate Criminal Enforcement

The Dorsey Health Law blog team keeps readers up-to-date on relevant topics in the health care industry. In order to do so, the members of the blog team communicate regularly with other practice groups within the firm for applicable updates from client publications. For this post, we would like to thank Dorsey’s RJ Zayed and...