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Resource Listings

Articles

Healthcare Impacts in a Post-Chevron World

By Valerie Cohen and Sophia Porotsky (Venable LLP)

Learn how US health care regulation and policy may change in the wake of the US Supreme Court's 2024 decision overturning the Chevron doctrine, as well as takeaways for your organization.

Articles

Non-Competes: What the FTC’s Rule May Mean for Health Care & Life Sciences Providers

By Roger D. Strode, Mark C. Grundvig, Kate L. Pamperin, Joseph T. Simon, and Benjamin R. Dryden (Foley & Lardner LLP)

On April 23, 2024, the U.S. Federal Trade Commission finalized a rule, by a vote of 3-2, abolishing the vast majority of employee covenants not to compete across the United States.

While certain health care providers will be exempted from the rule, many will not. As such, and if the rule survives legal challenge, health care industry participants should carefully consider how the rule will impact their recruitment and retention strategies going forward.

Articles

Quick Overview: HHS Updates Rule Governing the Confidentiality of Substance Use Disorder Patient Records (US)

By Jennifer Hennessy, Foley & Lardner LLP

In February 2024, the U.S. Department of Health and Human Services (HHS) issued the much anticipated final rule to update the Confidentiality of Substance Abuse Disorder Patient Records regulations at 42 CFR Part 2 (Part 2).

This article discusses the amendments to Part 2 and its most impactful revisions, including the amendments to loosen patient consent requirements, regulate SUD counseling notes, and create new patient rights and breach notification requirements.

Articles

Quick Overview: RIP Chevron Deference (1984-2024)

By Lauren Rucinski, Josiah Kollmeyer, Daniel Bosch, and Andre Bellefontaine (Kean Miller LLP)

The U.S. Supreme Court’s decision overturning Chevron deference. This articles discusses the ruling, which calls for courts to reassume their role as interpreters of the law.

Articles

Quick Overview: The False Claims Act

By Lori Garber, Partner (Foley & Lardner LLP)

This article provides an overview of the False Claims Act (FCA).

In this article you will learn about, the types of FCA cases in health care, damages and penalties under the FCA, and cooperation considerations for companies and individuals under government scrutiny.

Sample Forms, Policies, and Contracts

HIPAA Security Incident Assessment Tool

By Jackson Lewis P.C.

This is sample tool helping organizations assess whether a security incident involving personal information would require notification under the HIPAA breach notification rule (under the US Health Insurance Portability and Accountability Act).