Articles and Blogs

On November 27, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule (“Final Rule”) updating the Medicare Conditions of Participation (“CoPs”) for hospitals subject to 42 CFR Part 482 and critical access hospitals (“CAHs”) subject to 42 CFR Part 485. These updates establish a progressive rollout of nationwide standards for both... READ MORE

The Corporate Practice of Medicine doctrine (“CPOM”) generally prohibits non-licensed individuals from practicing medicine or employing physicians to provide medical services. Although CPOM laws vary by state, a general strategy that allows non-physician entities to be involved in health care operations without violating CPOM is to form an MSO structure (sometimes also referred to... READ MORE

Not unlike the laws in just about every other U.S. state, Chapter 15 of the Texas Business and Commerce Code has required that non-solicitation and non-compete agreements for all employees be limited to reasonable time, geographic and scope of activity parameters. However, on June 20, 2025, Texas Governor Greg Abbott signed into law Senate... READ MORE

On June 9, 2025, Oregon Governor Tina Kotek signed Senate Bill 951 (“SB 951”) into law. This first-of-its-kind legislation targets private equity-backed management services organizations (“MSOs”) and their professional medical entity (“PME”) counterparts by strengthening the State’s existing prohibition on the Corporate Practice of Medicine (“CPOM”). SB 951 goes into effect on January 1,... READ MORE

Indiana Senate Enrolled Act 505 (“SEA 505”), recently signed into law, introduces notable changes to the state’s Emergency Medical Services (“EMS”) framework. Effective July 1, 2025, EMS professionals (including paramedics, EMTs, advanced EMTs and emergency medical responders) will be authorized to transport patients to a broader range of care settings beyond traditional hospitals. This... READ MORE

At least 55 additional rural hospitals may be at risk of negative net incomes if the current version of the One Big Beautiful Bill Act passes, according to a recent report, due largely to cuts to Medicaid. Independent rural hospitals could lose, on average, 56% of their yearly net income, the report states. A... READ MORE

NATIONAL 7 hospitals shuttering services in 1 month 5 Joint Commission moves 26 health systems dropping Medicare Advantage plans | 2025 Additional 55 rural hospitals at risk of closure should Medicaid cuts pass AHA launches ad campaign to push back on potential Medicaid cuts AHA report: Hospitals are complying with 340B rules, but drug... READ MORE

The Indiana Court of Appeals (the “Court”) recently reiterated that trial courts may not impose “special conditions” in civil commitment orders without record evidence tying the condition to the patient’s treatment or public safety. The Court invalidated a trial court’s blanket prohibition on alcohol and non-prescription drugs, finding no evidentiary basis for the restriction.... 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 Supreme Court of the United States (the “Court”) issued its highly anticipated decision in United States v. Skrmetti (“Skrmetti“) on June 18, 2025. The decision holds that a Tennessee law prohibiting the provision of certain medical treatments to minors for gender-affirming purposes does not violate the United States Constitution. This decision has wide-ranging... READ MORE