Health Law

DUGGAN BERTSCH provides expert health law services, centering on regulatory and transactional representation for established industry stakeholders and start-up organizations.

The Health Law practice of DUGGAN BERTSCH provides clients with comprehensive and knowledgeable advice on a diverse landscape of industry matters. While our healthcare lawyers have vast experience in the field, they also collaborate with other DUGGAN BERTSCH practices to provide a full and integrated of slate of services to clients; including Corporate and transactional and tax and estate planning services. The Health Law practice stays abreast of the fast-moving healthcare regulatory and legal environment; to place clients in the best position to achieve their goals.

The Health Law Practice includes the following services:

Medicare, Medicaid, and Commercial Insurer Provider Enrollment and Filings
Compliance with Critical Regulations and Risk/Regulatory Evaluations; including Fraud & Abuse, Stark Law, Anti-Kickback, Conditions of Participation
Commercial and Government Payor Claims Reimbursement and Audit Support
Self-Disclosures to CMS, OIG, and DOJ
Business Organization, Capitalization and Financing
Provider and Vendor Contracting and Networks
Fair Market Compensation and Credentialing
Mergers & Acquisitions, Strategic Alliances and Anti-Trust Review
Compliance and Privacy Program Development, Policies, and Training Programs
Privacy and Cybersecurity Impact Assessments and Reporting (e.g., HIPAA, HITECH, and GDPR)
Clinical Research Operational Regulatory Issues and Revenue Cycle Compliance
Food & Drug Administration Safety Reporting and Device Approval
Telemedicine/Telehealth Federal and State Regulatory Analysis, Commercial and Government Payor Rule Surveys, and General Corporate Matters
Dental and Healthcare Discount and Benefit Plans
Corporate and Regulatory Matters Involving Retail and Compounding Pharmacy Sales and Acquisitions
Detailed Multi-Disciplined Due Diligence Processes Involving the Start-up of Urgent Care and Retail Walk-In Medical Clinics

Health Law News

Workers’ Compensation & Remote Employees

As stay-at-home orders are being extended throughout the country, a significant population of the US workforce is and will continue to work remotely. Because employers cannot actively monitor and supervise their employees, employers are exposed to additional risks of liability. One significant risk is the potential for employees to sustain accidental injuries while working remotely.

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Round 2: Paycheck Protection Program and Health Care Enhancement Act

The popularity of the Paycheck Protection Program (PPP) among the nation’s small businesses, which was enacted as part of the CARES Act (see our previous Client Alert), resulted in the entire $349 billion dollars allocated to the PPP relief to be fully committed within 14 days. This left many small businesses frustrated and unable to benefit from the program. Click Here To Read More...

COVID-19 HEALTH PROVIDER CLIENT ALERT: Medicare Expansion of Telehealth

Consistent with recently issued recommendations from The Centers for Disease Control (CDC) for social distancing during the COVID-19 emergency, on March 17, 2020, the Centers for Medicare & Medicaid Services (CMS) announced that, during the on-going public health crisis, it will permit Medicare providers to bill traditional Medicare (Medicare Parts A and B) for telemedicine services provided to Medicare beneficiaries. Until now, traditional Medicare only provided telehealth coverage for Medicare beneficiaries for certain limited services and only via communication from pre-approved locations.

DB Alert – COVID-19 Legislative Update

As part of its initial response to the current and anticipated impact of COVID-19 on businesses across the nation, Congress has passed and the President has signed an $8.3 billion supplemental funding bill that includes authority for the Small Business Administration (SBA) to issue up to $7 billion in low-interest loans under its already existing Economic Injury Disaster Assistance Program (EIDL) to small businesses adversely impacted by the outbreak. The administration has announced its intention to ask Congress to increase SBA’s resources for small business disaster assistance related to COVID-19 to $50 billion. We expect funding amounts to increase and complementary initiatives to be implemented as the full economic impact of the outbreak makes itself felt.

Compliance Today Magazine published Mori A. Hall's Article Entitled, "Proactive Clinical Research Revenue Cycle Compliance."

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HHS-OCR Pursuit of HIPAA Violations Leads to Extraordinary Recoveries in 2018

The Department of Health and Human Services Office for Civil Rights (HHS-OCR) announced the Agency recovered an unprecedented $28.7 million from HIPAA enforcement activities in CY 2018. The HIPAA Privacy, Security, and Breach (HIPAA Rules) violations for which OCR was able to obtain either summary judgement or settlement payments involved some of the country’s top healthcare stakeholders; including MD Anderson ($4.3 million), Massachusetts General Hospital ($515,000), Fresenius Medical Care North America ($3.5 million), and Anthem, Inc. ($16 million).

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Duggan Bertsch, LLC