Articles and Blogs

On February 12, 2026, the U.S. District Court for the Eastern District of Texas (the “Court”) struck down the Federal Trade Commission’s (“FTC”) rule expanding the scope of the Hart-Scott-Rodino (“HSR”) Act Premerger Notification Form. See Chamber of Com. of the U.S. v. Fed. Trade Comm’n, No. 6:25-CV-9-JDK, 2026 WL 402498 (E.D. Tex. Feb.... READ MORE

NATIONAL 130,000 individuals sign up for organ donation via MyChart 9 ways health systems are rethinking behavioral care 18 states push for reinstatement of SNF minimum staffing 10 years after CMS’ first mandatory bundled payment model, what did it actually build? 85% of healthcare leaders plan to boost agentic AI investment: Deloitte AHA, FBI... READ MORE

On January 30, 2026, the U.S. Department of Labor (“DOL”) proposed a regulation under the Employee Retirement Income Security Act (“ERISA”) that would require pharmacy benefit managers (“PBMs”) to make detailed disclosures to fiduciaries of employer-sponsored self-insured group health plans. The proposed regulation implements President Trump’s Executive Order 14273, Lowering Drug Prices by Once... READ MORE

On January 27, 2026, the U.S. Department of Health and Human Services (“HHS”) Office of the Inspector General (“OIG”) issued a Special Advisory Bulletin (the “Bulletin”) detailing how the federal Anti-Kickback Statute (“AKS”) applies to direct-to-consumer (“DTC”) prescription drug sales by manufacturers to cash-paying patients enrolled in federal health care programs. The Bulletin provides... 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

Effective January 1, 2026, the Centers for Medicare & Medicaid Services (“CMS”) implemented significant changes to the accreditation and enrollment framework for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (“DMEPOS”) suppliers through the CY 2026 Home Health Prospective Payment System Final Rule (“Final Rule”). CMS adopted these changes in response to what it describes... READ MORE

Federal courts are showing diminishing tolerance for perpetual False Claims Act (“FCA”) litigation. Years-long seal periods, one-sided discovery and serial amendments are wearing thin. The Fifth Circuit’s recent decision in United States ex rel. Gentry v. Encompass Health Rehabilitation Hospital of Pearland, L.L.C., 157 F.4th 758 (5th Cir. 2025) (“Gentry“) reflects this shift and... READ MORE

NATIONAL 4 Joint Commission moves in January AMA alters position on gender-affirming surgeries for minors Cardiovascular care demand fuels investments from hospitals Cigna CEO predicts steady PBM margins amid settlement, health law CMS makes ‘huge’ shift emphasizing falls in Special Focus Facility selection process CMS proposes paying hospitals that buy US-made drugs, supplies CMS... READ MORE

The Indiana Court of Appeals (the “Court”) recently affirmed a trial court’s finding of grave disability, reiterating two settled principles: (1) no single fact can establish grave disability; and (2) courts must evaluate the totality of the circumstances. The Court also confirmed that past conduct with a nexus to the patient’s current condition may... READ MORE

On February 3, 2026, after years of false starts, federal regulation of pharmacy benefit managers (“PBMs”) became reality when the Consolidated Appropriations Act, 2026 (the “Act”) was signed into law by President Trump. For the first time, the Act imposes federal requirements on PBMs related to compensation, transparency, reporting and other matters to be... READ MORE