Articles and Blogs

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights currently happening across the nation. 1. CMS issued guidance for skilled nursing facilities (“SNFs”) on how to deal with visitors during the pandemic. States can require visitors to be tested before entering the SNF so long as rapid testing…Read More

Earlier this week, the Department of Justice (“DOJ”) announced that the United States recovered over $5.6 billion from False Claims Act (“FCA”) cases in the federal fiscal year 2021, “the second largest annual total in False Claims Act history” and more than doubling the FCA recoveries for the DOJ from fiscal year 2020. Of that,…Read More

As questions, concerns and frustration continue for skilled nursing facilities and families on visitation at facilities, CMS released additional recommendations, clarifications and guidance on a host of issues that skilled nursing providers face as they encounter certain visitation scenarios. On February 2, 2022, CMS updated and added several questions and answers in its December 23,…Read More

On January 5, 2022, the Department of Health and Human Services (“HHS”) published an amendment to its Declaration for medical countermeasures against COVID-19 (the “Declaration”) under the Public Readiness and Emergency Preparedness Act (“PREP Act”). Under the amendment, PREP Act liability protections have been extended to eligible pharmacists who order and administer (and qualified pharmacy…Read More

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file a premerger notification (an “HSR Filing”) with the Federal Trade Commission (“FTC”) Premerger Notification Office and Department of Justice (“DOJ”) Antitrust Division and to wait…Read More

The Centers for Medicare & Medicaid Services (“CMS”) has armed surveyors with detailed instructions on how to survey skilled nursing facilities for compliance with the CMS staff vaccine requirements. On January 27, 2022, CMS issued updates to the Long-Term Care Survey Process Procedure Guide effective January 27, 2022 (the “Surveyor Guide”). Also on January 27, 2022, a…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 Senior Act was proposed last week in Congress and includes a $1.25B grant program to create workforce development programs for senior care and a $10B Caregiver Sustainability Fund for assisted living providers that…Read More

As of January 1, 2022, providers and facilities must comply with a number of requirements established by the No Surprises Act (the “Act”). CMS recently published several resource documents, as described below, to provide further clarity surrounding implementation of the Act and help providers and facilities better understand their respective compliance obligations. Background The Act…Read More