Articles and Blogs

The Eleventh Circuit Court of Appeals recently affirmed that a qui tam relator’s original complaint, rather than any amended complaints subsequently filed in the action, is the “proper point of reference” for analysis under the False Claims Act’s (“FCA’s”) first-to-file rule. Cho on behalf of States v. Surgery Partners, Inc., No. 20-14109 WL 982126 (11th…Read More

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights happening across the nation. Last week, CMS proposed increases in Medicare rates for certain health care services, and Florida’s governor signed legislation that ensures patients of hospitals and health care facilities are allowed to have visitors. In other…Read More

The Department of Health and Human Services Health Resources and Services Administration (“HRSA”) published new Provider Relief Fund (“PRF”) guidance Wednesday, April 6, allowing recipients that failed to submit a required report on time to request approval to submit a late report. The new guidance follows recent reports that HRSA sent out nearly 10,000 repayment…Read More

Recently, the Seventh Circuit, in Proctor v. Safeway, Inc., clarified what it means to act with reckless disregard in respect to claims brought under the False Claims Act (“FCA”). ­__ F.4th ­__, No. 3:11-CV-3406, 2022 WL 1012256, (7th Cir. 2022). In doing so, the court stated that authoritative guidance must be truly authoritative in context…Read More

In June of 2021, OSHA published an Emergency Temporary Standard (“ETS”) in order to protect health care and health care support service workers from exposure to COVID-19 while at work. The ETS took immediate effect, though at the time, OSHA requested comments on the specifics of the ETS, including whether it should become permanent. OSHA…Read More

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights currently happening across the nation. This week’s update includes legislation that, if passed by the U.S. Senate, could legalize marijuana and generate tax revenue to boot. Early reports suggest that the U.S. Senate plans to propose its own form…Read More

As we highlighted here, on March 26, 2021, Governor Evers signed Assembly Bill 125 into law as Wisconsin Act 23 (“Act 23”) significantly updating the laws related to the licensure, regulation and the practice of physician assistants (“PAs”) in Wisconsin. The change is intended to improve access to quality medical services for Wisconsin patients by reducing barriers…Read More

On March 2, 2022, the Office for Civil Rights (“OCR”) in the U.S. Department of Health & Human Services (“HHS”) released notice and guidance on federal civil rights protections and privacy laws that apply to gender-affirming care (the “Notice”). In the Notice, OCR affirms its intent to investigate and enforce Section 1557 of the Affordable…Read More