About Legal, Regulatory, & Licensing
Navigating the vast network of health care laws, regulations, and licensing requirements is difficult. To help hospitals, CHA produces manuals and guidebooks, including the California Health Information Privacy Manual, which compares privacy requirements under HIPAA to state laws; the Model Medical Staff Bylaws and Rules, which outline the framework for working relationships among medical staff, hospital administrators and governing bodies; and the California Hospital Compliance Manual, which covers high-risk compliance issues. CHA also represents California hospitals’ interests in court on issues, including reimbursement, labor and employment, and more.
On July 2, the Supreme Court agreed to hear American Hospital Association v. Becerra, a case that challenges Medicare’s 22.5% payment reduction to hospitals for certain separately payable outpatient drugs acquired under the 340B program.
Hospitals are reminded to submit a program flexibility request to the California Department of Public Health (CDPH) as soon as possible if any alternative uses of space need to continue. As previously reported, CDPH provided 60 days’ advance notice that, effective July 17, space and other flexibilities in All Facilities Letter (AFL) 20-26.8 will expire.
The California Department of Public Health (CDPH) informed CHA on June 28 that the Office of Administrative Law (OAL) approved CDPH’s medical breach regulations. They will take effect July 1.
On June 8, Cal/OSHA submitted emergency regulations to the Office of Administrative Law to define “normal consumption.” As currently drafted, the emergency regulation defines “normal consumption” as the average consumption of specified personal protective equipment (PPE) type and size over a two- year period, with a 200% cap. This approach raises significant concerns, as CHA believes that this definition does not reflect statutory intent.
The Centers for Medicare & Medicaid Services (CMS) has issued revised guidance on emergency preparedness exercise requirements to provide additional clarification due to the continuing COVID-19 public health emergency.
After a tumultuous two-week period at the state’s Occupational Safety and Health Standards Board, the board is expected to promulgate a new COVID-19 emergency temporary standard (ETS) on June 17.
CHA has submitted comments to the Office of Administrative Law (OAL) on Cal/OSHA’s June 8 emergency regulations pertaining to the stockpile of personal protective equipment (PPE), which define “normal consumption” as the average consumption of specified PPE type and size over a two-year period, with a 200% cap.
Today, the U.S. Supreme Court threw out a lawsuit seeking to strike down the Affordable Care Act (ACA), finding that Republican-led states and individual plaintiffs behind the case lacked legal standing to challenge the law. The Trump administration had supported the lawsuit, which argued that the ACA was rendered unconstitutional after Congress got rid of the penalty for not having health insurance […]