Articles and Blogs

On July 7, 2026, the Federal Trade Commission (“FTC”) issued a proposed policy statement addressing what it describes as the “suppression of accuracy” in artificial intelligence (“AI”) systems. The proposal would apply traditional deception principles under Section 5 of the FTC Act to AI systems whose outputs are allegedly steered away from users’ objectives or…Read More

On July 10, 2026, the U.S. District Court for the Western District of Michigan (“District Court”) in Right to Life of Michigan v. Nessel pressed pause on reaching the constitutional question at issue: whether Michigan’s expansion of sex-based discrimination to include the termination of pregnancy violates Plaintiffs’ First Amendment rights. Instead, the District Court granted…Read More

Connecticut adopted sweeping changes to its certificate-of-need (“CON”) program. Among other changes, the reforms are intended to narrow certain review requirements, adjust thresholds for when approval is needed and create a more predictable path for some facility and service-line projects. The changes reflect continued state-level attention on streamlining CON approvals. Intermountain Health and AdventHealth announced…Read More

On July 27, 2026, the U.S. District Court for the Northern District of Texas in Covenant Medical Center v. Kennedy (“Covenant”) once again vacated a 2023 Centers for Medicare & Medicaid Services (“CMS”) regulation that excluded inpatient days covered by an uncompensated care funding pool when counting Medicaid Days in the Disproportionate Share Hospital (“DSH”)…Read More

The U.S. Food and Drug Administration (“FDA”) issued a proposed rule to update drug establishment registration and listing requirements for distributed manufacturing (“DM”) and certain foreign drug establishments. If finalized, the rule would create a streamlined registration pathway for qualifying distributed manufacturing establishments (“DMEs”) that manufacture drugs at multiple physical locations, while also aligning the…Read More

The Indiana Health Coverage Programs announced that it has received approval from the Centers for Medicare & Medicaid Services (“CMS”) to implement a statewide provider certification and enrollment moratorium for numerous Home- and Community-Based Services (“HCBS”) 1915(c) waiver providers. The moratorium becomes effective August 1, 2026, and initially will remain in effect for six months,…Read More

According to a recent report, cardiology outpatient strategy is shifting towards ambulatory surgery centers (“ASCs”) and away from hybrid office-based lab/ASC models to streamline staffing, space and back-office functions. Many health systems are prioritizing cardio ASC developments that are physically connected to, or in close proximity with, hospitals to support clinical integration and quality oversight. Nearly one in…Read More

On January 1, 2027, mandatory downside financial risk under the Centers for Medicare & Medicaid Services’ (“CMS”) Transforming Episode Accountability Model (“TEAM”) will begin for most participating hospitals. TEAM is a mandatory, episode-based alternative payment model that took effect on January 1, 2026, and will end on December 31, 2030. Most hospitals located in any…Read More