Articles and Blogs

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

On November 4, 2026, the Centers for Medicare & Medicaid Services (“CMS”) issued the Calendar Year (“CY”) 2027 Hospital Outpatient Prospective Payment System and Ambulatory Surgical Center (“ASC”) Payment System final rule (the “Final Rule”), following the July 2, 2026, proposed rule and the public comment period. The Final Rule increases average payment rates... READ MORE

On November 5, 2026, the Centers for Medicare & Medicaid Services (“CMS”) released a sweeping proposed rule aimed at reducing administrative requirements across Medicare- and Medicaid-participating providers. The proposed Cutting Administrative Requirements for Excellence in Patient Care (“CARE”) rule would revise numerous Conditions of Participation and Requirements for Participation. For skilled nursing facilities (“SNFs”),... READ MORE

Most resident issues do not begin as legal disputes. They begin as every day operational challenges. A resident refuses services. Family members disagree about care decisions and staff are uncertain who has authority to make those decisions. A resident’s needs begin to exceed what the community anticipated at admission or what the community can... READ MORE

The U.S. District Court for the Northern District of Texas (the “Court”) recently issued a memorandum opinion highlighting circumstances where compensated marketing conduct may fall outside the scope of Anti-Kickback Statute (“AKS”) liability. United States v. Gray, No. 3:24-CR-0250-S (N.D. Tex. Sept. 18, 2026). Specifically, the Court ordered a new trial after concluding that... READ MORE

NATIONAL 96% of hospitals plan to keep investing in ASCs: 5 things to know 15 Joint Commission moves in 2026 AbbVie wins drug price control lawsuit against HHS AMA lays out who should be liable when clinical AI harms patients As the uninsured rate rises, hospitals deal with more bad debt CMS cuts Medicare... READ MORE

In a July 21, 2026, announcement, the U.S. Department of Health and Human Services (“HHS”) granted the Centers for Medicare & Medicaid Services (“CMS”) federal health care program exclusion authority under the Social Security Act. On October 13, 2026, the delegation was formalized, and on October 14, 2026, CMS announced it. Exclusion exists to... READ MORE

In an unusual move, the U.S. Department of Health and Human Services (“HHS”), rather than the U.S. Food and Drug Administration (“FDA”), announced the availability of an interim enforcement policy in the Federal Register on October 30, 2026 (91 Fed. Reg. 68,526), addressing compounding with six peptide bulk drug substances. The policy provides limited... READ MORE

On October 22, 2026, the U.S. Department of Justice (“DOJ”) Civil Division and the U.S. Department of Health & Human Services (“HHS”) launched the Healthcare False Claims Act Self-Disclosure Pilot Program (“FCA SDPP” or “Program”), a six-month pilot program designed to provide eligible health care entities with a pathway to voluntarily disclose potential False... READ MORE

On October 23, 2026, the U.S. District Court for the District of Connecticut (the “Court”) denied cross-motions for summary judgment in a closely watched challenge to a hospital’s age-based physician screening policy. In EEOC v. Yale New Haven Hospital, Inc., No. 3:20-cv-00187 (KAD) (D. Conn. Oct. 23, 2026), the Court concluded that factual disputes... READ MORE