Health Law Daily Wrap Up, WORTH NOTING—Other Health Law litigation and regulatory developments, (Jan 20, 2026)

By WK Editorial Staff

A roundup of other items of interest to the Health Law community.

CONTROLLED SUBSTANCES—NOTICES: Pine Pharmacy, decision and order (Notice, 91 Fed. Reg. 1818 (Jan. 15, 2026)).

CONTROLLED SUBSTANCES—NOTICES: Mark Huff, M.D., decision and order (Notice, 91 Fed. Reg. 1827 (Jan. 15, 2026)).

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—OIG REPORTS: Essence Healthcare, Inc., did not comply with federal requirement for reporting direct and indirect remunerations for contract years 2017 through 2020 (OIG Report, No. A-03-22-00002 (Jan. 6, 2026)).

GENERAL HEALTH CARE NEWS—CBO REPORTS: Sensitivity of the distribution of household income to the treatment of health insurance from 1979 to 2021 (CBO Report, (Jan. 6, 2026)).

FOOD—GAO REPORTS: Food safety: Further action needed to implement foodborne illness prevention law and assess its results (GAO Report, No. GAO-26-107394 (Jan. 7, 2026)).

CONTROLLED SUBSTANCES—NOTICES: Jason Vanshaar, M.D., decision and order (Notice, 91 Fed. Reg. 1823 (Jan. 15, 2026)).

CONTROLLED SUBSTANCES—NOTICES: Honorata Anna Itaman, N.P.; Decision and Order (Notice, 91 Fed. Reg. 1817 (Jan. 15, 2026)).

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—DAB DECISIONS: The ALJ affirmed the CMS’s determination that the Provider was not in substantial compliance with the Medicare participation requirements pursuant to 42 C.F.R. § 483.80 because the Provider failed to establish and maintain an infection prevention and control program and did not place Resident B, Resident C, and Resident D under transmission-based precautions, as required by its own policies that were based on Centers for Disease Control and Prevention (CDC) and state guidance. The ALJ also affirmed that the CMS properly imposed the per-day civil money penalty of $8,830 because the Provider's deficiency posed immediate jeopardy to the residents’ health and safety and created a risk for more than minimal harm (Brooke Knoll Village, DAB No. CR6593, Doc. No. C-21-89 (Dec. 31, 2024)).

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—DAB DECISIONS: The ALJ affirmed the CMS’s determination that the Provider was not in substantial compliance with the Medicare participation requirements pursuant to 42 C.F.R. § 483.25(d)(1) and (2) because the Provider did not follow the directions of a resident’s care plan or the facility’s policies that were designed to prevent resident access to dangerous drugs and other illicit substances. The ALJ also affirmed that the CMS properly imposed the per-day civil money penalty of $8,265 for 22 days because the Provider's deficiency posed immediate jeopardy to the residents’ health and safety and created a risk for more than minimal harm (Westside Care Center, LLC, DAB No. CR6598, Dec. No. C-23-439 (Jan. 10, 2025)).

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—DAB DECISIONS: The ALJ affirmed that the CMS properly denied the Provider’s request for early termination of her Medicare opt-out status pursuant to 42 C.F.R. § 405.445(b) because the Provider’s request was received more than 90 days after she opted out of the Medicare program (Kimberly Mackanic, LCSW, LCADC, ICSW, DAB No. CR6624, Dec. No. C-25-104 (Mar. 4, 2025)).

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