Several Bass, Berry & Sims attorneys contributed content to the Health Law Handbook, 2023-2024 edition that was published by Thomson Reuters in the fall of 2023. The 33rd edition of the Health Law Handbook features content from 24 authors in 14 articles presenting a variety of significant aspects of health law. The topics addressed fall into four categories: the changing system, payment and finance, operational issues, and fraud and abuse.
Below is the editor’s descriptions of the content contributed by Bass, Berry & Sims attorneys.
The Health Law Handbook, 2023-2024 edition is available online here.
Digital Health: Navigating Regulatory Challenges as Innovation Charges Ahead
Authors: Kristin Bohl, Justin Brown, Nesrin Tift
The book opens with an article addressing vanguard but increasingly prevalent issues raised by digital health. offer an informative assessment of the breadth of emerging digital health issues generated by new forms of devices, software, applications and services. Reimbursement for such things as continuous glucose monitors and remote patient monitoring offer a view of the dynamism in healthcare delivery itself and the government’s challenges in addressing these innovations. They examine implications from HIPAA and the FTC’s controls where HIPAA does not apply. They look at the impact of the information blocking rules in this specific context. They describe the FDA’s role including its Digital Health Center of Excellence and conclude with an examination of the fraud and abuse laws applied to these new technologies.
Healthcare Fraud and Abuse Update
Authors: Taylor Chenery, John Eason, Travis Lloyd
This chapter reviews significant developments in healthcare fraud and abuse in 2022. It begins with a review of legislative and regulatory changes involving the federal Anti-Kickback Statute (AKS) and physician self-referral law (Stark Law), as well as key court decisions and settlements involving these laws. Although the year lacked the high-profile regulatory changes of recent years, it saw significant output from the U.S. Department of Health and Human Services Office of Inspector General (OIG), with the agency issuing more advisory opinions than in any year since 2010. The chapter also examines the federal government’s primary tool for addressing healthcare fraud, the False Claims Act (FCA). Courts this year issued significant opinions analyzing allegations under the FCA, and parties entered into a number of noteworthy settlements to resolve FCA allegations. In February 2023, the Department of Justice (DOJ) announced that it recovered more than $2.2 billion in FCA settlements and judgments in fiscal year 2022, bringing its total recovery under the act to more than $72.5 billion since 1986.
A PDF of this chapter is available here.