Articles and Blogs

On May 6, 2024, the Centers for Medicare and Medicaid Services (“CMS”) and the Office for Civil Rights of Health and Human Services (“HHS”) issued a final rule implementing Section 1557 of the Affordable Care Act (“Section 1557”) (the “Final Rule”). The Final Rule went into effect on July 5, 2024. However, in Texas... READ MORE

On June 13, 2024, the Supreme Court published its opinion in Starbucks v. McKinney. The Supreme Court held that the National Labor Relations Board (“NLRB” or “Board”) must satisfy the traditional, four-factor test for injunctions. In short, the decision makes it more difficult for the NLRB to successfully claim injunctive relief while adjudicating alleged... READ MORE

In a much-anticipated ruling entered on July 3, 2024, a federal judge in the Northern District of Texas (“the Court”) temporarily blocked, via a preliminary injunction, the implementation of the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule”). The injunction will remain in effect until the Court issues a final merits-based decision on... READ MORE

Recently, the Departments of Health and Human Services, Labor and the Treasury (collectively, the “Departments”) issued an extension for health care providers impacted by the Change Healthcare cyberattack to submit out-of-network payment disputes through the federal No Surprises Act (“NSA”) independent dispute resolution (“IDR”) process. The NSA IDR process permits providers and facilities that... READ MORE

In April 2024, the U.S. Food and Drug Administration (“FDA”) issued revised draft guidance, “Promotional Labeling and Advertising Considerations for Prescription Biological Reference Products, Biosimilar Products, and Interchangeable Biosimilar Products: Questions and Answers,” (the “Draft Guidance”) intended to address common questions that arise during the process of developing promotional communications for prescription reference products... READ MORE

A recent report indicated that the U.S. ambulatory services market is expected to reach $417B by 2030, expanding by 5.4% per year. Primary care offices will remain the largest share of that market (48%), but the surgical specialty segment is expected to grow at the fastest rate. Senior living development is expected to see... READ MORE

On June 28, 2024, the Supreme Court of the United States overturned a long-standing doctrine, known as Chevron deference, that impacts a court’s deference to a government agency’s action during administrative proceedings. The Supreme Court held that federal courts cannot defer to agencies’ interpretations of statutes. Instead, courts must independently make this determination. Background The Supreme... READ MORE

NATIONAL 50% of physicians are thinking of leaving the field due to shortage AHA backs bid to repeal nursing home staffing rule AHA wins lawsuit against HHS over third-party web tracking AHA responds to study blaming hospital prices for societal issues AHA slams study tying unemployment to hospital price increases Behind the battle against... READ MORE

Massachusetts is the latest state to propose legislation to restrict health care private equity transactions. The bill covers traditional corporate transactions and hospital sale-leasebacks with real estate investment trusts (“REITs”). The legislation was proposed in light of the Steward Health Care bankruptcy. Steward has eight hospitals in Massachusetts that are leased from Medical Properties... READ MORE

On Thursday, June 20, 2024, the United States District Court for the Northern District of Texas (“the Court”) issued a ruling in a case that could have significant implications for enforcement of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The case, which was brought by the American Hospital Association (“AHA”), the... READ MORE