Articles and Blogs

On February 23, 2022, the U.S. District Court for the Eastern District of Texas (the “Court”) vacated key portions of a regulation implementing the independent dispute resolution (“IDR”) process under the No Surprises Act (the “Act”). An interim final rule published in the Federal Register on October 7, 2021 (the “Rule”) implementing certain parts of…Read More

On February 4, 2022, the Department of Health & Human Services Office of Inspector General (“OIG”) issued Advisory Opinion 22-02 protecting a children’s hospital’s donor-funded charity program (“Proposed Arrangement”). Under the Proposed Arrangement, the requestor (“Children’s Hospital”) would use funds from two individual donors to establish a restricted endowment fund that would subsidize patient bills…Read More

As required by the Physician Payments Sunshine Act (“Sunshine Act”), by March 31, 2022, manufacturers of many drugs, medical devices, biologicals and other medical supplies, as well as applicable group purchasing organizations (“GPOs”), will report to CMS payments made and other investment interests given in 2021 to physicians, teaching hospitals and — for the first…Read More

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights currently happening across the nation. The CDC is reviewing its mask guidance and will decide whether to relax the guidance based on the number of Covid hospitalizations. In the past, the CDC looked at the number of new Covid…Read More

In December 2021, the Office of Inspector General (“OIG”) of the Department of Health and Human Services published an Issue Brief titled “Medicare and Beneficiaries Pay More for Preadmission Services at Affiliated Hospitals Than Wholly Owned Settings” (“Brief”)(available here). The Brief discusses Medicare’s policy to bundle (or not separately pay) certain services provided by entities…Read More

On Thursday, February 10, 2022, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 passed the Senate after previously passing in the House. The bill, which President Joe Biden will reportedly sign, would amend the Federal Arbitration Act and effectively transform how parties resolve allegations of sexual harassment and assault. The…Read More

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights currently happening across the nation. 1. The following U.S. cities saw the highest inflation in 2021: Atlanta 9.8%, Phoenix 9.7%, St. Louis 8.3%, Baltimore 8% and Tampa 8%. Remote workers and retirees are moving to these cities for warmer…Read More

The Plaintiff, a board-certified obstetrician and gynecologist, was initially granted clinical privileges at a North Carolina Hospital (the “Hospital”) in 2010. Privileges were granted according to the Medical Staff Bylaws. Notably, in this jurisdiction, the Bylaws “formed a contract” between Plaintiff and the Hospital. In May 2017, Plaintiff was informed that she would not be…Read More