Legal, Regulatory, & Licensing

About Legal, Regulatory, & Licensing

CHA’s legal department works on behalf of member hospitals and health systems in a variety of ways:

  • Advocating before the courts both as a party in litigation and as amicus curiae in important appellate cases
  • Assisting hospital compliance officers, privacy officers, and other staff with compliance with the myriad federal and state laws that govern hospital administration and the delivery of health care. This includes CHA’s California Health Information Privacy Manual, a California-specific resource that compares privacy requirements under HIPAA to state laws, and the California Hospital Compliance Manual, which covers high-risk compliance issues.
  • Representing the interests of California hospitals before state and federal courts in lawsuits involving MICRA, reimbursement, labor and employment, medical staff, and other issues
  • Assistance with medical staff bylaws
  • Expertise in mental health law

This section also includes information about the California Department of Public Health’s (CDPH) Licensing and Certification Division, which is responsible for the licensure, regulation, inspection, and certification of health care facilities and certain health care professionals in California.

CMS to Host Call on Stark Law Final Rule

The Centers for Medicare & Medicaid Services will hold a Special Open Door Forum on Dec. 2 at 11 a.m. (PT) to discuss its  final rule to modernize and clarify the regulations that interpret the Medicare physician self-referral law, also known as the Stark Law.  

CHA Continues Advocacy for Hospitals on New PPE Stockpile Law

CHA recognizes that with the Jan. 15, 2021, reporting requirement for Assembly Bill 2537 and its April 1, 2021, personal protective equipment (PPE) stockpile deadlines right around the corner, hospitals are struggling with how to meet the new law’s obligations. Following is an update on CHA’s advocacy efforts with Cal/OSHA, which began shortly after the bill was signed.   

CMS Issues Final Rule on Stark Law

On Nov. 20, the Centers for Medicare & Medicaid Services issued its final rule to modernize and clarify the regulations that interpret the Medicare physician self-referral law, also known as the Stark Law. 

Webinar to Address Hospital Visitor and Support Person Laws, COVID-19 Guidelines

CHA will host a webinar from 1 to 2 p.m. on Oct. 30 to help hospitals’ visitation guidelines comply with recent COVID-19 requirements. Experts from CHA and Sutter Health will examine the laws and latest guidance on visitation policies and share real-world experiences to help hospitals and health systems strike the right balance. Additional details and registration information are available here. 

OCR Issues Guidance on Civil Rights Protections Prohibiting Discrimination During COVID-19

On Monday, the Office for Civil Rights at the U.S. Department of Health and Human Services issued guidance for health care providers on complying with federal civil rights laws during the COVID-19 public health emergency. The guidance focuses on prohibitions against discrimination based on race, color, and national origin, and includes many practical considerations and actions hospitals can take to ensure equitable access to care.