The 2026 Virginia General Assembly considered many health care-related bills during the course of the most recent session. Here are some of the more notable ones. All have effective dates of July 1, 2026 unless otherwise noted. Not to Compete CovenantsHealth care professionals are added as a category of employee with whom an employer cannot...Read More
Nearly two years ago, the U.S. Department of Health & Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA), finalized modifications to Part 2 regulations to better align substance use disorder (SUD) treatment record confidentiality protections with HIPAA and other federal regulations. HHS also included revisions to the HIPAA Privacy Rule...Read More
The U.S. Department of Justice (DOJ) has rolled out its new Data Security Program (DSP), a regulatory development designed to keep bulk sensitive U.S. personal and government-related data out of the hands of foreign adversaries through export control restrictions. For the health care industry, which manages vast amounts of personal health and biometric data every...Read More
The Centers for Medicare & Medicaid Services (CMS) has announced it will now conduct Risk Adjustment Data Validation (RADV) audits of all Medicare Advantage (MA) plans annually, a major shift from its previous strategy of auditing only a fraction of contracts each year. This increased scrutiny is likely to impact providers, who play a crucial...Read More
The 2025 Virginia General Assembly considered many health care-related bills during the course of the most recent session and here are some of the more notable ones. All have effective dates of July 1, 2025 unless otherwise noted. Attorneys and practice areas related to this topic include: Jonathan M. Joseph Rachel V. Rogers Health Care...Read More
Steven W. Lippman has been appointed counsel at Christian & Barton, where he is an experienced member of the Business Law, Health Care and Municipal Governance departments. Lippman is currently a member of the Virginia Bar Association’s Young Lawyers Division (YLD) Executive Committee, and serves as the YLD representative on the VBA’s Law Practice Management...Read More
Paige R. Skinner has joined Christian & Barton as an associate in the Labor and Employment, and Litigation practice groups. She assists clients with employment and personnel matters, contract and business tort disputes, and general litigation issues. Skinner holds degrees from the University of Richmond School of Law and Appalachian State University. This item has...Read More
On April 23, 2024, the Federal Trade Commission (FTC), consistent with its January 2023 proposed rule, voted 3-2 for a nationwide ban against non-compete clauses in employment agreements with certain limited exceptions. These provisions, common in employment contracts, including many of those created to meet the needs of the health care sector, are intended to...Read More
For nearly 40 years the confidentiality of patient records created by federally-assisted programs to diagnose or treat substance use disorders have been protected by federal law (42 U.S.C. § 290dd-2) and regulations (42 C.F.R. Part 2). Part 2 requirements predate, and are more stringent than, the requirements under the Health Insurance Portability and Accountability Act...Read More
Virginia’s single technology platform that connected emergency departments across the state has expanded to permit data sharing between all health care providers, insurers and other organizations that have a treatment, payment or operations relationship with a patient in the Commonwealth.The Smartchart Network Program, formerly known as the Emergency Department Care Coordination (EDCC) Program, became effective...Read More
