Articles and Blogs

In two recent civil antitrust complaints, the Antitrust Division of the U.S. Department of Justice (“DOJ”) alleged that hospital systems used payer contracting provisions—so‑called steering restrictions that require hospitals to be included in nearly all of an insurer’s commercial networks at the most favored level of benefits—to restrict health insurers’ ability to offer narrow... READ MORE

The U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) has issued a meaningful Request for Information (“RFI”) seeking stakeholder input on potential new or modified Anti-Kickback Statute (“AKS”) regulatory safe harbors and Beneficiary Inducements Civil Monetary Penalty (“CMP”) exceptions for remuneration to clinical trial participants. The RFI was published... READ MORE

National 1.4 million patients, 7 health systems caught in AI company data breach 4 hospital groups call for federal action as Eli Lilly strips 340B discounts AHA files amicus brief in case challenging HHS, CMS on provider taxes AMA overhauls maternity care billing codes for 2027 Amazon One Medical faces proposed class-action lawsuit over... READ MORE

The Gap Between FDA Authorization and Medicare Coverage In April 2026, the Centers for Medicare & Medicaid Services (“CMS”) and the U.S. Food and Drug Administration (“FDA”) announced a proposed initiative, the Regulatory Alignment for Predictable and Immediate Device (“RAPID”) pathway, intended to expedite Medicare coverage of certain Class II and Class III devices... READ MORE

The Indiana Court of Appeals (“the Court”) affirmed a temporary commitment order after finding clear and convincing evidence that a patient was gravely disabled because of mental illness. Rejecting the patient’s argument that medication noncompliance, denial of his diagnosis and temporary homelessness were insufficient to establish grave disability, the Court emphasized the totality of... READ MORE

A federal court in Pennsylvania (“the Court”) ordered the unsealing of nearly a decade’s worth of False Claims Act (“FCA”) filings, holding that the government failed to overcome the strong presumption of public access to judicial records. In U.S. ex rel. Compton v. HCR ManorCare, Inc., No. 16-0851 (E.D. Pa. Apr. 17, 2026) (“Compton“),... READ MORE

National 7 CMS rules and policy updates to know in 2026 Agencies issue proposed rule codifying Medicare Drug Price Negotiation Program AHA calls for improvements to FY 2027 payment updates for long-term care hospitals AI use is surging across HHS, jumping 148% at the FDA in 2025, Bipartisan Policy Center data finds Backed by... READ MORE

The Indiana Department of Health (“IDOH”) published proposed amendments to the Residential Care Facility (“RCF”) regulations at 410 IAC 16.2-5 governing resident rights, residency agreements and involuntary resident evictions. The proposal represents one of the most significant updates to Indiana’s assisted living regulatory framework in recent years and is intended to align Indiana’s rules... READ MORE

As Eliminating Kickbacks in Recovery Act (“EKRA”) enforcement continues to expand, the United States District Court for the Southern District of California in United States v. Simons offers an early look at how courts may handle the evidentiary and testimonial issues likely to arise in future prosecutions. On May 1, 2026, the Court issued... READ MORE

Senate Enrolled Act 285 (“SEA 285”) will expand the statutory definition of “gravely disabled”. The law also creates a new statutory framework prohibiting unauthorized camping or sleeping on public property. This new misdemeanor expressly requires law enforcement officers to first assess whether emergency detention is appropriate before pursuing criminal penalties under the street-camping provisions.... READ MORE