In a continuation of the saga surrounding the FTC’s ban on non-compete agreements for for-profit businesses, on August 20, 2024, a ruling from the United States District Court for the Northern District of Texas struck down the FTC’s final rule. In the Texas court’s ruling, U.S. District Judge Ada Brown stated that the FTC’s authority
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Medicare Proposed 2025 Telehealth Changes
CMS proposed several telehealth changes in the 2025 Medicare Physician Fee Schedule Proposed Rule, issued July 10, 2024.
Interactive Telecommunication
Beginning January 1, 2025, an interactive telecommunication system may include two-way, real-time audio-only communication technology for any telehealth service furnished to a beneficiary in their home, if the distant site physician or practitioner is technically…
Non-Compete Ban Updates: FTC Rule Challenges & Pennsylvania Healthcare Legislation
Challenges to the FTC Rule
As we previously discussed on Med Law Blog, following the FTC’s approval of the final rule to ban non-compete agreements for for-profit businesses in April, several businesses have challenged the FTC’s authority to enforce this rule. The final rule is set to take effect on September 4, 2024, but in…
Medicare Proposes 2.8% Physician Fee Schedule Reduction
Click here for the CMS Announcement on July 10, 2024 proposing a reduction in the Medicare Conversion Factor payment from $33.29 to $32.36, i.e. 2.8%
There are a host of other changes in the 24 page Release, which we will address in due course.
UPMC/Washington Health System Merger Agreement Limits Non-Competes
The Press has announced that the Merger Agreement between UPMC and Washington Health System was approved by the Pennsylvania Attorney General with certain conditions, one of which was that UPMC would honor existing employment contracts and not impose restrictive covenants or non-compete agreements more restrictive than those that currently exist.
We will be researching that…
Navigating HIPAA’s Breach Notification Rule Following A Breach
In light of the ongoing investigation of Change Healthcare’s ransomware attack that resulted in the improper disclosure of thousands of individuals’ PHI, now seems like a perfect time to discuss HIPAA’s requirements surrounding the notification process following a breach. Whether it’s a small breach where someone in your organization accidentally sent a patient’s contact information…
Businesses Challenge FTC’s Ban on Non-Compete Agreements
As expected, businesses have sued the FTC challenging the recent final rule that ends non-compete agreements, as reported by the Wall Street Journal Wednesday morning (read WSJ article here). The U.S. Chamber of Commerce challenged the final rule in federal court in East Texas, which has been joined by other business groups. A lawsuit…
FTC Votes to Ban Non-Compete Agreements
In a Special Open Commission Meeting held this afternoon, the Federal Trade Commission voted to approve the final rule to ban non-compete agreements for for-profit businesses, the effective date of such ban being in 120-days.
Important items of note with the final rule:
- This rule only applies to for-profit businesses, as is within the scope
…
FTC To Rule on Banning Non-Compete Agreements
The Federal Trade Commission has announced that it will be holding a Special Open Commission Meeting on Tuesday, April 23, 2024, at 2pm EST regarding the rule to ban non-compete agreements (read the announcement here). The expectation for this meeting is that the FTC will disclose the proposed final rule followed by remarks by…
HIPAA Fundamentals for Providers
In March of this year, The Office for Civil Rights of the Department of Health and Human Services issued a letter addressing the recent cybersecurity incident impacting many health care entities, primarily Change Healthcare, a unit of UnitedHealthcare Group (read the letter here). This incident was a great reminder of the constant vigilance required…