Healthcare Roundup: Reversal of J&J Opioid Ruling, Veto of Permanent Telehealth ‘Pay Parity’ in NJ & More

OK High Court Reverses J&J Opioid Ruling:

In a 5-1 ruling, the Oklahoma Supreme Court overturned a lower court’s $465 million judgement against Johnson & Johnson, maintaining that the drugmaker violated the state's public nuisance law in its marketing of opioids. Such public nuisance claims are the basis for roughly 3,000 lawsuits that have been brought by state and local governments against drugmakers, drug distributors and pharmacies. (KAISER HEALTH NEWS, ASSOCIATED PRESS)

NJ Gov Vetoes Permanent Telemedicine ‘Pay Parity’ Bill:

New Jersey Gov. Phil Murphy (D) conditionally vetoed a bill (SB 2559) last week that would have permanently required insurers to reimburse telehealth visits at the same rate as in-person office visits. The governor said the measure could end up costing taxpayers too much and limiting the availability of office visits. In his veto message, he suggested that lawmakers instead extend telehealth “pay parity” - adopted during the pandemic “as a stopgap to preserve public health” - until the end of 2023 to give the Health Department time to evaluate its impact. (NJ.COM, STATE NET)

Implications for TN Healthcare Industry in Coming COVID-19 Legislation:

Tennessee Gov. Bill Lee (R) said last week he will sign sweeping COVID-19 legislation approved in a special session last month. Among many other things the legislation would allow healthcare professionals to prescribe monoclonal antibody treatments and require hospitals to allow visitation of COVID-19 patients by at least one family member if they are asymptomatic and test negative for the disease. (TENNESSEAN [NASHVILLE])

NY Hospital Association Seeks Delay of Minimum Staffing Requirement:

The Iroquois Healthcare Alliance, a regional association representing 50 hospitals in upstate New York, has asked the state’s Department of Health to delay the implementation of new laws requiring hospitals and nursing homes to set and maintain minimum staffing levels. The association says meeting the staffing requirement by the laws’ Jan. 1, 2022, effective date isn’t feasible with the current healthcare worker shortage. (TIMES UNION [ALBANY])

New Long-Term Care Tax in WA Faces Legal Challenge:

A federal lawsuit has been filed against a new mandatory payroll tax in Washington to fund a long-term care program set to begin on Jan. 1. The WA Cares Fund program requires workers to contribute .58 percent of the total amount of each paycheck to help those in need of assistance with “activities of daily living” pay for things like in-home care or transportation to the doctor. (ASSOCIATED PRESS)

CO Resumes Crisis Standards:

Health officials in Colorado reinstated “crisis standards of care” for hospitals last week, after declaring the entire state at high risk from a new surge of COVID-19 infections. The crisis standards, which were previously in place from April 2020 to February 2021, give hospitals more flexibility in stretching limited staff, as well as provide legal cover for care that might not be acceptable under normal circumstances. (DENVER POST)

-- Compiled by KOREY CLARK