Articles and Blogs

In revisions released earlier this year to its General Questions Regarding Certain Fraud and Abuse Authorities, the Office of Inspector General (“OIG”) emphasized that compliance with the physician self-referral law (“Stark Law”) does not automatically resolve risk under the federal Anti-Kickback Statute (“AKS”). Furthermore, OIG clarified that fair market value (“FMV”) compensation, by itself, does…Read More

The U.S. Department of Justice (“DOJ”) recently revised its Justice Manual to strengthen its approach to False Claims Act (“FCA”) enforcement. The revisions address two issues particularly relevant to FCA defendants: the use of sub-regulatory guidance and DOJ’s consideration of dismissing declined qui tam actions. DOJ Reinforces Limits on Sub-Regulatory Guidance The revised Justice Manual…Read More

On September 18, 2026, President Trump issued two related measures affecting the H-1B program—a Proclamation extending the $100,000 H-1B fee to certain H-1B workers and an Executive Order directing federal agencies to strengthen H-1B oversight, including by considering employers’ recent or planned layoffs of similarly situated U.S. workers. The $100,000 fee, which applies to certain…Read More

The U.S. Department of Justice (“DOJ”) recently issued a memorandum announcing the priorities of its newly established National Fraud Enforcement Division (the “Division”), identifying health care fraud as a key enforcement focus. The Division was created to combat fraud and will concentrate its efforts on public trust and financial integrity, health care, internal revenue, global…Read More

The Eleventh Circuit recently rejected a challenge to the constitutionality of the False Claims Act’s (“FCA”) qui tam provisions, holding that whistleblowers who bring FCA actions are not “Officers of the United States” subject to the Constitution’s Appointments Clause. United States ex rel. Zafirov v. Florida Medical Associates, No. 24-13581, 2026 WL 2581886 (11th Cir….Read More

According to Revista, MOB cap rates remained stable at 6.7% through the first half of 2026, while average prices increased to $387 per square foot in 2Q26. Phil and Penny Knight have pledged $1.1B over 10 years to Providence St. Vincent Medical Center and the Providence Heart Institute. The historic donation will fund the construction…Read More

On September 10, 2026, the Centers for Medicare and Medicaid Services (“CMS”) issued a Decision Memorandum, finalizing significant updates to Medicare’s National Coverage Determination (“NCD”) for Transcatheter Aortic Valve Replacement (“TAVR”). The updated NCD makes sweeping changes as it expands coverage, reduces procedural restrictions and gives hospitals increased flexibility in organizing and delivering TAVR services….Read More

Indiana has enacted House Enrolled Act 1277 (“HEA 1277”), a Medicaid reform law that significantly changes the state’s PathWays for Aging program and other long-term services and supports. While many provisions of this law took effect July 1, 2026, the transition of certain long-stay nursing facility residents from managed care to fee-for-service Medicaid will begin…Read More