The healthcare industry has struggled over the past year, from the Supreme Court’s unprecedented decision regarding access to abortion care nearly a year ago to the end of the state of emergency. about public health due to COVID-19 last month—along with a tough economy and staffing shortages.
In response to uncertainty, attorneys working with health systems, nursing homes, digital health startups and provider groups have seen a need for a services increased dramatically.
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In the second part of this two-part series, attorneys share two of the biggest reasons their healthcare clients seek advice: the flexibility of telehealth and workforce challenges. For part one of the series, in which attorneys discuss changing reproductive care policies and tight federal scrutiny of transactions, click here.
Regulations on remote prescribing
The Drug Enforcement Administration and the Substance Abuse and Mental Health Services Administration said in May that they would expand the flexibility of telehealth during the relevant pandemic. access to controlled substances for six months, allowing providers to prescribe drugs like Adderall, Xanax and the opioid addiction drug buprenorphine remotely without the need for an in-person visit. The lawyers said their digital health clients came to them with questions about how to comply with federal regulations after November.
“We have advised that companies and suppliers affected by these changes need to put in place contingency plans. … At this point, it’s clear that we’re going to land somewhere between that pre-pandemic landscape and the expanded exemptions currently in place,” said Jeremy Sherer, co-chair of engineering health practice numbers at Hooper, Lundy & Bookman said.
Sean Sullivan, a partner in the healthcare team at Alston & Bird, recommends having written compliance programs in place, which may include modifying operations by opening mainstream clinics. new, refer patients to other providers with physical locations, or use other counseling services to treat certain conditions.
Even as virtual preference companies modify operations or move to face-to-face visits, Sherer expects the DEA to continue to probe some providers. The agency opened investigations into mental health startups Cerebral and Done last year related to their prescribing practices for Adderall and other controlled substances.
Workforce Challenges
The ongoing workforce shortage has caused anxiety among healthcare organizations about staffing.
Skilled nursing facility operators are particularly worried, given President Biden’s signal in February 2022 that his administration plans to propose a minimum staffing rule for such organizations. “Clients are concerned about the costs of meeting potential claims and finding workers,” said Sean Fahey, an attorney at Hall, Render, Killian, Heath & Lyman who represents skilled nursing facilities.
He’s talking to his clients about the rule-making process and urging them to comment on a proposal once it’s released, which the Centers for Medicare and Medicaid Services says could happen. out this spring. In the meantime, operators have been evaluating how to improve employee recruitment and retention.
Related: Mayo Clinic Wins Battle Over Nurse Employee Law
“We hear our customers are using a variety of avenues to try to address and build their workforce. “From exploring immigration to culture to working with staffing agencies, they are trying everything,” says Fahey.
Leaders at health systems, who also have difficulty taking on clinical roles, are looking to strengthen employment arrangements.
“Ultimately, you want to be able to encourage people not to leave you so that patient care is not compromised,” said Jaime Tuite, shareholder and head of the Pittsburgh office of Buchanan Ingersoll & Rooney.
The health system needs to play the long game, whether it’s incorporating a long-term work contract in an employment agreement or offering bonuses and tuition reimbursement after a certain period of time with the company, Tuite said.
“The goal is that we’ll invest in you and we’ll spend money that we wouldn’t, because we want you to grow here,” says Tuite.
Read the first part of this two-part series here.
