Publication
Keeping your dawn raid guidance current
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
United States | Publication | February 2023
After months of speculation, President Biden announced that his administration will end the COVID-19 national emergency and public health emergency (PHE) on May 11, 2023. While the industry has waited for the eventual unwinding, the President's announcement acknowledges the unprecedented change in regulatory flexibilities that healthcare providers will need to operationalize.
An abrupt end to the emergency declarations would create wide-ranging chaos and uncertainty throughout the health care system — for states, for hospitals and doctors' offices, and, most importantly, for tens of millions of Americans.
Since the initial declaration of a PHE on January 31, 2020, the healthcare industry experienced a myriad of statutory and regulatory waivers and operational flexibilities in response to the COVID-19 pandemic, in some ways fundamentally changing the way healthcare is delivered and received in the United States. Patients and providers have incorporated and relied on these regulatory flexibilities in implementing a number of programs, from telemedicine to licensing of physicians, to reliance for payment and coding instructions, many of which will come to an end when the PHE terminates on May 11, 2023. The administration sought to prepare the industry for some of these changes by decoupling those regulatory flexibilities on which many healthcare providers and Americans have come to rely in the Consolidated Appropriations Act, 2023.
Between now and May 11, it will be critical for providers to evaluate the various operational and reimbursement changes implemented as result of the pandemic to ensure they do not face compliance risk come May 12. While certain waivers and flexibilities are identified below, the CMS coronavirus waivers & flexibilities website posts provider-specific fact sheets that identify those waivers and flexibilities that will end versus those that will transition.
Healthcare providers must also be mindful of states ending their public health emergency declarations and any state specific regulatory and licensure flexibilities relied upon during this period.
CMS will be releasing and updating guidance documents for healthcare providers regarding the end of the PHE. Norton Rose Fulbright attorneys are continuing to monitor these updates and advise clients on their related operational and reimbursement challenges.
Publication
Unannounced inspections or ‘dawn raids’ are used by antitrust authorities to obtain evidence when there are suspicions that individuals or businesses have infringed the antitrust rules.
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The EU Foreign Subsidies Regulation, or FSR, is intended to prevent or remedy distortions of the EU internal market caused by “foreign” – meaning non-EU – subsidies benefitting companies active in the EU.
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In July 2024, the English High Court handed down a judgment on whether or not the insurers under a charterer’s liability policy were obliged to indemnify third parties, where the insured went insolvent and had not paid the underlying claim to the third parties.
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