Articles and Blogs

Despite acknowledging “weighty” constitutional questions, the Fifteenth Court of Appeals in Texas (the “Court”) refused to halt a Medicaid qui tam action against Novartis, holding that the company’s constitutional challenges to the Texas Medicaid Fraud Prevention Act (“TMFPA”) must be addressed through ordinary appellate review, rather than through extraordinary relief. In re Novartis Pharmaceuticals Corp.,…Read More

The Department of Justice (“DOJ” or the “Department”) is putting the False Claims Act (“FCA”) on an accelerated track. In a May 27 memorandum, the Department announced a shift toward faster qui tam review, earlier enforcement decisions and more aggressive identification of fraud involving federal benefits programs—signaling a sharper, more streamlined enforcement posture. The memorandum…Read More

On April 30, 2026, the U.S. Department of Justice (“DOJ”) announced the creation of the West Coast Health Care Fraud Strike Force to target health care fraud in Silicon Valley. Specifically, the strike force unites the District of Arizona, District of Nevada and Northern District of California Health Care Fraud Divisions. Background The Health Care…Read More

The Centers for Medicare & Medicaid Services’ (“CMS’s”) guidance governing Medicare Advantage marketing practices has continued to evolve over the past several years, with regulatory requirements shifting significantly across administrations. These changes reflect both the ongoing development of health care coverage models and differing policy priorities among governing parties. As a result, organizations involved in…Read More

On May 22, 2026, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule regarding both Medicaid State directed payments (“SDPs”) and Medicaid fee-for-service reimbursement. The proposed rule is based on two distinct but reinforcing authorities: (i) section 71116 of H.R. 1 (a/k/a the “One Big Beautiful Bill Act”); and (ii) the Presidential…Read More

As announced on May 1, WakeMed plans to merge with Atrium Health. However, a recent article reported that UNC Health submitted an unsolicited $5B merger proposal to WakeMed (as compared to the $2B bid offered by Atrium). WakeMed’s board of directors ultimately proceeded with Atrium, citing concerns over market consolidation and reduced health care choice…Read More

In April, the Centers for Medicare & Medicaid Services (“CMS”) released the FY 2027 Inpatient Prospective Payment System (“IPPS”) Proposed Rule (“Proposed Rule”) to update IPPS payment rates and uncompensated care payments, refine CMS’s definition of new GME residency programs, request input on new quality measures, expand the joint replacement payment model, CJR-X, on a…Read More

If you’ve been watching the real estate news over the past two years, you have probably noticed an increase in senior housing transactions. A number of the health care real estate investment trusts (“REITs”) and specialty REITs that have historically focused on nursing homes have pivoted to investing in senior housing communities that offer independent…Read More