Lexology February 28, 2025
This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for January 2025. This month features long-awaited proposed and final rules regarding the Health Insurance Portability and Accountability Act (HIPAA) and controlled-substance prescribing via telemedicine. Active False Claims Act (FCA) cases include two hospitals defending against criminal and civil charges related to their alleged complicity in medically unnecessary surgeries. Settlements from this month include familiar themes such as lavish physician speaker programs, a dental pay-per-referral marketing arrangement, and fraudulent durable medical equipment (DME) prescribing via telemedicine. The Office of Inspector General (OIG) issued a favorable advisory opinion on a pharmaceutical manufacturer’s program to provide free infusion drugs to patients with financial need. Finally, the change of presidential administration has resulted...