By JESSE MARKOS, ESQ
Wachler & Associates, PC

In today’s highly regulated health care environment, a criminal conviction of any kind (whether a felony or misdemeanor) can create significant problems for licensed health care providers. Criminal convictions always have the potential to have a serious impact on the lives of those convicted. However, a criminal conviction of any kind can have a disproportionately adverse impact on licensed health care providers.

Pursuant to the self-reporting requirements found in the Michigan Public Health Code, providers are required to report a criminal conviction to the Michigan Department of Licensing and Regulatory Affairs (“LARA”) within 30 days of the conviction. The Public Health Code makes no [Read More]

Lansing Lines is presented in cooperation with MIRS, a Lansing-based news and information service.

Trump Promises Vaccine Is Weeks Away During Waterford Rally
President Donald Trump promised to deliver a safe vaccine for the coronavirus “in just a number of weeks, a couple of weeks” during a rally at the Oakland County International Airport in Waterford Township Oct. 30.

He told the crowd of thousands the speed of creating the vaccine is the result of his “historic campaign to slash red tape and mobilize industry.”

Seniors will get the vaccine first, he said, then health care workers. But even without the vaccine, he contended the country is “still rounding the corner.”

“We have [Read More]

By CHRISTOPHER RYAN
Some areas of the law are black and white. In those cases, contractual provisions can often be easily labeled as permissible or impermissible, allowed or not allowed, reasonable or unreasonable. The enforceability of a provision prohibiting an employer from working in a competing business following their employment (a noncompetition provision) is not one of those areas of the law. The enforceability of noncompetition agreements between and employer and employee lives in the “gray” zone, and courts analyze the provision on a case by case basis. An enforceable noncompetition provision in one situation may not necessarily be enforceable in another. Unfortunately, the answer to whether a noncompetition agreement [Read More]

This story presented in cooperation with MIRS, a Lansing-based news and information service.

The Michigan Department of Health and Human Services largely reinstated aspects of Gov. Gretchen Whitmer’s COVID-19 emergency orders Oct. 5, including mask requirements, gathering size limitations, and bar restrictions.

With the Michigan Supreme Court majority invalidating Whitmer’s previous orders that rested on a law the court deemed unconstitutional, DHHS Director Robert Gordon said the order relies on a different law that wasn’t at issue in the case from Friday.

He said under MCL 333.2253, if the DHHS director determines that controlling an epidemic is necessary to protect the public health, he or she can prohibit public gatherings, among other [Read More]

By JONEL ALECCIA & LIZ SZABO
As trust in the Food and Drug Administration wavers, several states, including Michigan, have vowed to conduct independent reviews of any COVID-19 vaccine the federal agency authorizes.

But top health experts say such vetting may be misguided, even if it reflects a well-founded lack of confidence in the Trump administration — especially now that the FDA has held firm with rules that make a risky preelection vaccine release highly unlikely.

At least six states and the District of Columbia have indicated they intend to review the scientific data for any vaccine approved to fight COVID-19, with some citing concern over political interference by President Donald Trump and [Read More]

By EWA MATUSZEWSKI
Be afraid. Be very afraid. That’s one option for independent primary care physicians—but not one I would advocate if my livelihood were at stake. And make no mistake, community physicians are in danger of becoming extinct in the next decade.

It was recently announced that Village MD will be setting up primary care clinics in Walgreens. Around the same time, Aurora Health announced its intent to take good care of Beaumont physicians—in part by recommending they become employees of the health system. This is not new—but it’s an accelerating trend. These mega health organizations (and private equity groups who see dollar signs but not patients) are courting suitors quickly—as [Read More]

By STEPHEN SHAVER
This summer, President Donald Trump issued four orders targeting prescription drug prices. Three issued on July 24, 2020 with a fourth being signed, but not issued at that time. The fourth order appeared Sept. 13, 2020. All of the orders seek to lower prescription drug prices by directing the Department of Health and Human to exercise its regulatory authority. However, as each order requires significant legwork by HHS, it is unclear when, if ever, the effects of the orders will be seen.

The most recent order, issued Sept. 13, 2020 and titled “Executive Order on Lowering Drug Prices by Putting Americans First,” outlines a policy that Medicare should [Read More]

Lansing Lines is presented in cooperation with MIRS, a Lansing-based news and information service.

DHHS Issues More COVID Orders; Mac Center Questions Validity
The Michigan Department of Health and Human Services issued more emergency orders Oct. 6 in reaction to the Supreme Court ruling Oct. 2 that struck the law on which the governor had issued similar executive orders.

DHHS Director Robert Gordon signed one order that maintains protections for people in residential and congregate care as well as juvenile justice facilities. Another one requires K-12 schools to provide public notice about probable and confirmed cases of COVID-19 within 24 hours.

The order on residential care continues restrictions on visitation to residential care [Read More]

By ROSE WILLIS
Healthcare providers have additional regulatory restrictions related to the structure of their practice entities (Practice Entities), which are not applicable to those operating in other industries. Such restrictions include but are not limited to ownership and control by licensed professionals and limitations on the number of Practice Entities that a licensed professional may own or become employed by. The purpose of this article is to summarize certain regulatory restrictions placed on Practice Entities, which, if violated, could result in significant monetary penalties.

Many state laws prohibit the ownership or control of a Practice Entity by non-licensed individuals. This rule is referred to as the “Corporate Practice of Medicine” [Read More]

Community colleges would be allowed to offer four-year bachelors of science nursing degrees, under legislation a Senate committee began taking testimony Sept. 15.

Sen. Aric Nesbitt’s (R-Lawton) SB 1055 would re-open legislation passed in 2012 that first allowed limited baccalaureate offerings by community colleges.

“This was a policy that I was supportive of before I even came to the House,” Nesbitt said. “A simple change to the statute that will have far-reaching impact across our state. Adding the BSN to community colleges will increase the geographic access to this degree.”

Nesbitt said that the original legislation expanding baccalaureate offerings was introduced by then-Rep. John Walsh. That legislation, which covered some technical fields including [Read More]