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Joan W. Feldman is Chair of the Health Law Practice Group and a member of the firm’s Management Committee. She regularly advises her clients on corporate governance, corporate and business issues and combinations (e.g., mergers, acquisitions, affiliations, joint ventures and physician/hospital strategic alliances); state and federal regulatory issues, Medicare and Medicaid reimbursement, qui tam actions, fraud and abuse, corporate compliance (e.g., False Claims Act, Anti-kickback and Stark); data privacy and HIPAA, state and federal privacy matters; information technology and software licensing; medical staff governance and credentialing matters; medical ethics and end-of-life issues; and quality of care regulatory matters, developing quality improvement and assessment programs; clinical research matters; and state and federal licensure matters.


The Centers for Medicare & Medicaid Services (“CMS”) Omnibus Interim Final Rule (“Final Rule”) takes effect November 5, 2021, and with it comes the requirement that Medicare and Medicaid-certified suppliers, providers, and their staff become vaccinated for COVID-19. As this new rule becomes a new reality, it is essential that all key stakeholders involved understand:

On August 6, 2021, Acting Governor Susan Bysiewicz issued Executive Order 13B (the “Order”) requiring long-term care facilities to mandate staff members with “direct access” (i.e., physical access) to patients or residents be vaccinated against COVID-19. The Order applies to long-term care facilities, which is defined to include nursing homes, residential care homes, assisted living

This week, the U.S. Supreme Court unanimously reversed an earlier Fifth Circuit Court of Appeals decision and held that courts may not decide a question of arbitrability when parties have contractually delegated that question to an arbitrator. Henry Schein, Inc. v. Archer & White Sales, Inc., No. 17-1272 (U.S. January 8, 2019).

While on its