HHS Publishes New Rights of Conscience Final Rule

On January 11, 2024, the US Department of Health and Human Services (HHS) published its new final rule governing federal healthcare conscience protection statutes. The 2024 final rule, which went into effect March 11, 2024, repeals the majority of the prior final rule from 2019 that was found to be unlawful by three federal courts and reverts to the 2011 framework created by the Obama administration to address rights of conscience.

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Gregory Fosheim
Gregory E. Fosheim provides counsel on a wide array of corporate, transactional and regulatory compliance matters across the healthcare and life sciences industry. Drawing on his extensive laboratory and public health background and insight, he regularly advises on clinical and diagnostic laboratory matters, anatomic pathology and fertility laboratory compliance. Greg also represents hospitals, health systems and physician practice management companies in all aspects of transactional and operational matters, particularly those with regulatory, licensing, accreditation and policy considerations, and he has negotiated several acquisitions and sales of proton therapy centers. Read Gregory Fosheim’s full bio.

Sumaya Noush
Sumaya M. Noush counsels regional and multistate hospitals and health systems, specialty hospitals, academic medical centers and other healthcare organizations on a variety of strategic and operational matters. These matters include: mergers, asset and membership/stock transactions, joint ventures, hospital and physician affiliations, disaffiliations, dissolutions, divestitures, management of ownership transitions, entity structure formation and governance, medical staff bylaws, credentialing, peer review and privileging as well as survey, certification and accreditation matters. Read Sumaya Noush's full bio.

David Quinn Gacioch
David Quinn (Dave) Gacioch focuses his practice on litigation and enforcement defense, primarily related to the US healthcare sector. Dave counsels hospitals, health systems, physician practices, and other providers, along with payors, private equity sponsors, pharmaceutical and medical device manufacturers, and others involved in the US healthcare system, on compliance and risk mitigation issues. He conducts internal investigations for clients, and represents them in government investigations, enforcement actions, and civil and criminal litigation, including class actions. Read David Gacioch's full bio.

Edward G. Zacharias
Edward G. Zacharias is the managing partner of McDermott’s Boston office. Clients across the healthcare industry and beyond turn to him for practical, business-oriented counsel on their most significant privacy and cybersecurity compliance, healthcare regulatory and transactional matters. Ed’s clients include “Big Tech” companies, health information technology and digital health companies, healthcare providers, insurers, electronic health record platforms, pharmacies, drug and device manufacturers, life sciences companies and health services vendors. Read Edward Zacharias' full bio.




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