Articles and Blogs

A recent report found that financial stability and margins improved for nearly half of rural hospitals after a merger, acquisition or affiliation with a larger system. More than a quarter of rural hospitals currently have negative operating margins. As inpatient stays shorten, providers are shifting capital investments from acute-care hospital facilities to outpatient construction... READ MORE

On December 3, 2024, the United States District Court for the Eastern District of Texas (“the Court”) issued a nationwide preliminary injunction that prevents the federal government from enforcing the Corporate Transparency Act (“CTA”). As a result—and for the time being—millions of entities across the United States are no longer required to submit beneficial... READ MORE

On October 10, 2024, the Federal Trade Commission (“FTC”) announced their unanimous vote to finalize changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the Hart-Scott-Rodino (“HSR”) Act. The HSR Antitrust Improvements Act of 1976, as amended, requires all persons contemplating certain mergers or acquisitions that... READ MORE

Health care continues to drive private equity (“PE”) activity, creating opportunities for investors and traditional health care providers. Transactions in the health care space are especially complicated, layering health care regulatory and reimbursement considerations on top of a complex securities, antitrust, privacy and security framework. Hall Render’s PE team of attorneys and advisors leverage... READ MORE

The Centers for Medicare & Medicaid Services (“CMS”) provided additional details and information related to CMS provider enrollment site visits. On November 4, 2024, CMS issued a Quality and Safety Special Alert memo (“QSSAM”), “Clarification of CMS’ Provider Enrollment Visits (all providers and suppliers) and Specific Disclosure Requirements for SNFs and NFs.” CMS provides... READ MORE

PwC and the Urban Land Institute released their Emerging Trends in Real Estate for 2025. Key takeaways: 1) the top 5 markets to watch are Dallas, Miami, Houston, Tampa and Nashville; 2) optimism is growing in the real estate industry as interest rates have dropped; 3) demand for data centers is soaring with the... READ MORE

On November 20, 2024, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) issued new Industry Segment-Specific Compliance Program Guidance For Nursing Facilities (“Nursing Facility ICPG”) for nursing home members of the health care compliance community. Motivating factors for issuing the Nursing Facility ICPG included long-standing issues such... READ MORE

On November 15, 2024, the U.S. District Court for the Eastern District of Texas (the “Court”) vacated the Department of Labor’s (“DOL”) April 2024 Final Rule (“2024 Final Rule”) that raised the minimum salary threshold for application of the executive, administrative and professional (“EAP”) exemptions from the minimum wage and overtime requirements of the... READ MORE

On October 7, 2024, the United States Supreme Court denied review of a Second Circuit decision limiting the “willfulness” requirement for liability under the federal Anti-Kickback Statute (“AKS”) to knowledge that one’s actions are unlawful. The Second Circuit rejected the argument made by the plaintiff relators in U.S. ex rel. Hart v. McKesson (“Hart“)... READ MORE

AdventHealth has entered into an agreement to acquire two hospitals in Florida from Community Health Systems for $265M in cash. The hospitals include Shorepoint Health Port Charlotte and Shorepoint Health Punta Gorda. The Punta Gorda hospital was impacted by Hurricanes Helene and Milton and is not currently operational. Broward Health and Nicklaus Children’s Health... READ MORE