Articles and Blogs

On March 20, 2026, Federal Trade Commission (“FTC”) Chairman Andrew Ferguson announced the formation of an internal Healthcare Task Force (the “Task Force”) and, in a memorandum issued the same day, directed the FTC’s Bureaus of Competition, Consumer Protection, and Economics, along with the Office of Policy Planning and the Office of Technology, to... READ MORE

On March 24, 2026, the U.S. Department of Health and Human Services (“HHS”), through the Centers for Medicare & Medicaid Services (“CMS”), published a long‑anticipated final rule adopting national Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) standards for health care claims attachments transactions and electronic signatures (the “Final Rule”). The Final Rule... READ MORE

In a significant decision with implications for 340B enforcement and False Claims Act (“FCA”) whistleblower litigation, the United States Court of Appeals for the Ninth Circuit (the “Court”) held on March 17, 2026, that a health system (the “System”) may proceed with its qui tam action alleging that pharmaceutical manufacturers engaged in fraudulent price-inflation... READ MORE

On March 19, 2026, the U.S. Court of Appeals for the Fifth Circuit denied the Federal Trade Commission’s (“FTC”) motion for a stay pending appeal of the U.S. District Court for the Eastern District of Texas’s (the “District Court”) decision vacating the FTC’s 2024 Final Rule (the “2024 Rule”) revising the Hart‑Scott‑Rodino (“HSR”) premerger... READ MORE

Peer review investigations are a cornerstone of medical staff oversight. They protect patient safety, uphold professional standards and ensure compliance with federal law, state law and accreditation requirements. When concerns arise about a practitioner’s clinical competence or professional conduct, the process must be deliberate, fair and well-documented. Below are key considerations for conducting an... READ MORE

U.S. sale-leaseback volume rebounded in 2025, reaching $14.4B, fueled by a 56% surge in Q4 as corporate M&A activity regained momentum. Experts anticipate this trend will accelerate into 2026, as businesses, including health providers, use real estate monetization to unlock liquidity without the burden of traditional debt or equity dilution. A Modern Healthcare survey... READ MORE

NATIONAL 5 new things to know about the No Surprises Act: GAO report Amazon expands Health AI beyond the One Medical platform Amazon launches health AI agent on its website, expands free virtual care to 200M Prime members Big Pharma Gets Win in RFK Jr. Vaccine Pause, Unsure If It Lasts Bipartisan bill introduced... READ MORE

The Tenth Circuit recently issued two companion decisions confirming the Occupational Safety and Health Administration’s (“OSHA”) authority to cite employers for workplace violence hazards under the General Duty Clause of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(1) (“General Duty Clause”). In both cases, the Tenth Circuit upheld OSHA’s enforcement actions and the... READ MORE

Once again, 2025 was a busy year for health care data privacy. Ensuring up-to-date and compliant data privacy and security programs and being able to assess, understand and adapt to the risk of evolving technologies will remain critically important in 2026. We continue to await updated regulations under both the Health Insurance Portability and... READ MORE

On March 12, we hosted a webinar titled Hospital Campus Development: Current Deals, Trends and Insights Learned Along the Way. To watch a video replay of the webinar and to get copies of our slides, click here. Here are our top five takeaways from the webinar: Paging Dr. Strategy: Your Real Estate Is Calling... READ MORE