Patients are increasingly generating their own health data through wearables and apps, transforming how providers engage with them. However, much of this data falls outside HIPAA’s protections, creating legal gaps. With Kentucky’s Consumer Data Protection Act (KCDPA) taking effect in January 2026, these gaps will become even more complex for providers to navigate. More >

America’s healthcare system is often described as a patchwork: a mix of public programs, private insurance, and stopgap laws meant to catch people before they fall through the cracks. But what happens when several of those safety nets are weakened or removed all at once? More >

Leaving medical school and entering residency is a daunting transition in the career of a new physician, presenting a new set of legal rules and requirements, including employment contracts and malpractice liabilities. We recommend familiarizing yourself with your program’s relevant manuals and policies and seeking legal advice when necessary. More >

With the OIG’s May 30, 2025, announcement that they are seeking $454.4 million in funding to fight healthcare fraud, healthcare providers can expect increased governmental scrutiny despite Trump’s budget cutbacks and staff layoffs.  The OIG justifies its budget request by pointing out that for every $1 invested, there is an expected return of $11 in government recoveries and receivables, which fuels the Trump administration’s fight on fraud, waste, and abuse in health care. What this means for health care providers is intensified scrutiny and likely use of AI as a tool to evaluate big data to identify potential false claims, fraud, outliers, etc. Considering the OIG’s 90-page new General Compliance Guidance, healthcare providers’ self-policing strategies and internal audits are more important than ever as the heat turns up on alleged fraud and false claims. More >

As of January 1, 2025, medical cannabis is legal in Kentucky. Physicians and nurse practitioners who want to create access for their patients to this important treatment must become authorized to certify patients for medical cannabis and should be extremely careful to comply with confusing and complex regulatory requirements. More >

Healthcare workplace violence is a recognized hazard in the healthcare industry. The U.S. Bureau of Labor Statistics reported in 2018 that approximately 73% of all nonfatal workplace violence injuries involved healthcare workers.[1] Even then, the incidence of workplace violence is likely higher due to underreporting.[2] Combined with the increased stress, isolation for patients and providers, and continued staffing issues and burnout, workplace violence has become one of the main contributors for healthcare workers to leave the field.[3]

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Since 2022, Kentucky's assisted living community regulations have undergone significant updates. The recent updates to Kentucky’s assisted living community laws and regulations enhance resident safety and improve the communities that support them. Although Senate Bill (SB) 11 passed in 2022, as is often the case with complex regulatory frameworks, the applicable regulations were promulgated and enacted well into the end of 2023. More >

Recent United States Supreme Court decisions have delivered small temporary wins for reproductive rights. A unanimous Supreme Court rejected a challenge to the FDA’s rule for prescribing and dispensing abortion pills. On June 13, 2024, a unanimous court decided in Food and Drug Administration v Alliance for Hippocratic Medicine that the anti-abortion doctors and medical groups that challenged the expansion of access to mifepristone, one of the two drugs used in medical abortions, lacked standing. Justice Brett Kavanaugh, writing for the court, acknowledged the challengers’ “sincere legal, moral, ideological, and policy objections” to elective abortion and to the FDA’s changes to the conditions on the use of mifepristone. However, the challengers to the FDA regulation failed to show how they had been harmed, as they do not themselves prescribe the medication. The court further found that merely objecting to abortion and to the FDA’s policies are not enough to establish standing and bring a case to federal court. The challengers contended that having to treat patients who suffered complications from using the drug is a harm to them and similarly convicted providers in other respects, such as diverting resources, increasing the likelihood of lawsuits, and increasing insurance costs. Justice Kavanaugh continued to describe the speculative nature of the challengers’ attempt to establish standing. If the challengers could sue with this theory, it could open a dangerous door to challenge “almost any policy affecting public health.” More >

At the end of January, the Biden Administration announced that May 11, 2023, would mark the end of the federal public health emergency (PHE) declarations that have been in place for the last three years. For healthcare providers, this means change is on the horizon, especially where telemedicine is concerned. In response to the impending end of emergency telehealth provisions, the Drug Enforcement Agency (DEA) has proposed a permanent rule regarding the prescription of controlled medications via telemedicine in order to extend COVID-era accommodations. The public will be able to comment for 30 days on the proposed rules. A summary of the rules can be found here: Proposed Telemedicine Rules Summary. More >