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Federal Vaccination Tracking Raises Privacy Concerns | Proskauer - Health Care Law Brief

To embed, copy and paste the code into your website or blog: Although vaccine rollout began slowly in the United States, millions of people are now being vaccinated against COVID-19 per day. As individuals receive the vaccine, states have been collecting personal health data in individual immunization registries. Experts say this data collection is essential to effectively monitor vaccination progress, report adverse reactions, compare vaccine efficacy in cross sections of the population, and keep track of who needs second doses and when. Although states have traditionally been responsible for collecting immunization data without federal intervention, some say the global scale of the pandemic and the need to understand vaccination progress nationally require greater federal intervention in tracking immunization data. In December 2020, the U.S. Centers for Disease Control and Prevention (CDC) began asking states to enter into Data Use and Sharing Agreements that would require states

Three Health Care Investment Trends That We Are Currently Following | Proskauer - Health Care Law Brief

To embed, copy and paste the code into your website or blog: The COVID-19 pandemic has had well-documented transformative effects on the delivery of health care. Investors, providers, payors and other stakeholders have often been at the forefront of the industry shifts in the trailing twelve-month period. We have set forth below three investment trends that may be particularly compelling. Telehealth: The New Era It is no secret that this last year accelerated the growth of telehealth. Specifically, telehealth accounted for over 30% of total outpatient visits during the pandemic. Of course, providers benefited from favorable changes in reimbursement rules from both governmental and commercial payors, and such changes may not be permanent. However, even if the moment is fleeting, the rapid expansion of telehealth services will likely have a lasting impact on the delivery of health care. Accordingly, investment activity involving telehealth has been tremendous. Early pioneer Teladoc

Developments Regarding Commission-Based Compensation Arrangements with Independent Contractors | Proskauer - Health Care Law Brief

A recent Fourth Circuit decision, United States v. Mallory (988 F.3d 730), upheld damages and penalties for more than $100 million for violations of the Anti-Kickback Statute (42 U.S.C. § 1320a-7b(b)) (the “AKS”) and the False Claims Act (31 U.S.C. § 3729) by a blood testing laboratory and its contracted sales agents. The Court held that commission payments made by the laboratory to its sales agents (sales companies that, in turn, hired and contracted salespeople to sell the laboratory blood tests), which were based on the percentage of revenue the sales agents generated for the laboratory through marketing services, constituted improper “remuneration” that intended to induce the sales agents to sell as many laboratory tests as possible. The defendants failed to show that the arrangements fit within an AKS Safe Harbor.

The COVID-19 Provider Funding Tap Begins to Run Dry: The American Rescue Plan Offers Minimal Financial Relief to Non-Rural Providers and Hospitals | Proskauer - Health Care Law Brief

To embed, copy and paste the code into your website or blog: The latest COVID-19 stimulus bill, the American Rescue Plan of 2021 (the “Act”), enacted on March 11, 2021, provides $1.9 trillion in funding for various COVID-19 relief measures. However, while the Act includes many funding provisions, including those funding direct assistance to lower-income individuals and families, expanding “Obamacare” insurance subsidies and availability, increasing federal medical assistance percentage (“FMAP”) rates for Medicaid programs under certain circumstances, supporting public health workforce development, funding technical assistance to skilled nursing facilities (“SNFs”), and bolstering COVID-19 vaccine and testing efforts, it also has a few provisions that create new or directly augment existing financial supports available to providers and hospitals that have sustained losses during the pandemic.

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