National Health Care co-chair Laura Keidan Martin and Health Care Litigation, Reimbursement and Regulation chair Joseph Willey spoke with Law360 to provide a 2021 regulatory and litigation outlook for health care. In response to the COVID-19 pandemic, the Centers for Medicare & Medicaid Services (CMS) expanded payment eligibility for telehealth services, a change that Joe anticipates will continue under the Biden administration. Joe stated, "There seems to be broad support for continuing the expansion of telemedicine coverage; it doesn't seem to be a strictly partisan issue." Laura indicated that CMS changes to Stark Law is another example of regulatory changes expected to stay on track in the new administration. She added, "There was tremendous pressure from the Trump administration to make sure that these regs came out while he was still in office. I can't imagine the Biden administration walking back these regs."
Examining potential 2021 litigation trends, Joe expects increased efforts by plaintiffs firms to solicit COVID-19-related whistleblower complaints that go beyond just CARES Act pandemic relief misuse. "I've already seen some of the qui tam plaintiffs bar websites solicit people to come forward with [their] stories. So I do think we're going to see a lot of activity." ("4 Key Areas As Biden Sets New Health Policy Path In 2021" and "Epic Litigation Landscape Awaits Health, Life Sci Attys In 2021," January 3, 2021)
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