Articles and Blogs

On June 29, 2023, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (together, the “Agencies”) published a 133-page Notice of Proposed Rulemaking (“Proposed Rule”) in the Federal Register to amend and overhaul the Hart-Scott-Rodino Form and Instructions (“HSR Form”), effectively redesigning the premerger notification process. The Hart-Scott-Rodino... READ MORE

On July 19, 2023, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (together, the “Agencies”) released the long-awaited redraft of the Horizontal Merger Guidelines (the “Proposed Merger Guidelines”). The Agencies originally announced their intention to revise their merger guidelines in January 2022. The Proposed Merger Guidelines are... READ MORE

Over the last 12 months, the Centers for Medicare & Medicaid Services (“CMS”) has received many reports of hospice fraud. In addition, CMS has seen the number of enrolled hospices increase significantly in Arizona, California, Nevada and Texas, raising concerns about market oversaturation.  On July 12, 2023, CMS released a Medicare Learning Network article (the “CMS Oversight Policy”)... READ MORE

On Friday, June 20, 2023, the Centers for Medicare & Medicaid Services (“CMS”) posted a pre-publication copy of the Calendar Year (“CY”) 2024 Home Health Prospective Payment System Rate Update (“PPS Rule”), which has since been published in the Federal Register and is currently open for comment. The PPS Rule usually only impacts the... READ MORE

Nearly 2.2 million people have moved to the Southeastern U.S. over the past two years, creating a $100B wealth migration. For the first time in recent history, Florida, Texas, Georgia, the Carolinas, and Tennessee collectively contribute more to the national GDP than states located in the Northeast. Inflation is beginning to ease, according to... READ MORE

On June 7, 2023, the Food and Drug Administration’s (“FDA”) Office of Prescription Drug Promotion (“OPDP”) issued its first Untitled Letter of the year regarding violative promotional materials for a prescription drug indicated for the treatment of endogenous hypercortisolemia (high cortisol) in adults with Cushing’s syndrome. Specifically, OPDP alleged that a website promoting the... READ MORE

NATIONAL 3 Stark law updates changing the healthcare landscape Agency nurse prices move higher for skilled nursing as staffing minimum nears AHA Responds to Request for Information on Drug Shortages AHA responds to GOP inquiry on drug shortages, shares impact on hospitals and patient care Biden launches new initiatives to reduce health care costs... READ MORE

On July 10, 2023, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule (“Proposed Rule”) that would create an informal dispute resolution process for some hospice citations, begin the hospice special focus program and create additional restrictions and steps for certain transfers of hospice ownership interests.  Proposed Informal Dispute Resolution Program In the... READ MORE

The Centers for Medicare & Medicaid Services (“CMS”) just released its Proposed Rule for repaying hospitals that were affected by the 340B OPPS payment cuts from 2018 through 2022. CMS has proposed that 340B hospitals will receive a one-time lump sum payment at the end of 2023 or beginning of 2024. Each hospital’s payment... READ MORE

A recent report on construction costs and materials prices found that hospital construction costs in some large cities are as high as $970/sf (in Los Angeles). Of the large cities surveyed, maximum hospital construction costs were lowest in Las Vegas (up to $590/sf). Cement, concrete, structural block and gypsum materials all had double-digit year-over-year... READ MORE