Articles and Blogs

Abortion is no longer a federal constitutional right. As a result of the United States Supreme Court decision in Dobbs v. Jackson Women’s Health, states may regulate abortion in a manner consistent with their own state constitutions and judicial precedent. The Dobbs decision overruled the Court’s own 1973 decision in Roe v. Wade, which... READ MORE

On June 9, 2022, the Centers for Medicare & Medicaid Services (“CMS”) published a notice seeking public comment on its plan to revise the way information is collected under its voluntary Self-Referral Disclosure Protocol (“SRDP”). Specifically, the proposed rule would allow a group practice to submit a single “Group Practice Information Form” that would cover all... READ MORE

The Supreme Court of the United States has issued its highly anticipated decision in Dobbs v. Jackson Women’s Health. The decision holds that there is no federal constitutional right to an abortion and will result in a sea change in how abortions will be regulated. The Ruling While many organizations with varying perspectives or... READ MORE

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights happening across the nation. 1. Last week, we highlighted Arizona’s spending to house Medicaid recipients experiencing homelessness and mental health issues. This week, the focus on housing turns to hospital employees. Affordable housing continues to be a... READ MORE

On Friday, June 17, 2022, the Centers for Medicare & Medicaid Services (“CMS”) posted a pre-publication copy of the Calendar Year (“CY”) 2023 Home Health Prospective Payment System Rate Update (“PPS Rule”). Although the industry always has some trepidation about the PPS Rule each year, the approach of this year’s rule was of greater... READ MORE

On May 25, 2022, the Wisconsin Court of Appeals reversed the circuit court’s ruling which granted an injunction compelling a Wisconsin health system to administer Ivermectin to a patient with COVID-19. The appellate court found that the circuit court erred in granting the injunction because the Petitioner could not identify any viable legal claim... READ MORE

We know the major personnel issues challenging our friends in the health care industry: labor shortages; competitive wages; and rising costs. But what employment and labor legal issues do (or may) health care organizations face in coming months? Accommodation Requests as Remote Work Demands Continue. Throughout the last two-plus years, telework became the new... READ MORE

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights happening across the nation. 1. Is housing health care and should Medicaid pay the rent? States are using Medicaid programs to cover rent, security deposits and furniture per The New York Times. AZ is one state that... READ MORE

On June 15, in American Hospital Association v. Becerra, the Supreme Court ruled the payment cuts made by the Department of Health and Human Services’ (“HHS”) Centers for Medicare & Medicaid Services (“CMS”) for 340B eligible outpatient drugs were not permissible under the governing statute. The Court’s opinion rejected HHS’s argument that courts were... READ MORE

The Centers for Medicare and Medicaid Services (“CMS”) recently imposed financial penalties for the first time against two hospitals for failure to comply with the Hospital Price Transparency Rule requirements. According to the Notices of Imposition of Civil Monetary Penalty (“Notices”), which CMS posts on its website, the two hospitals were fined over $1,000,000... READ MORE