Articles and Blogs

On April 13, 2020 the Federal Trade Commission’s Bureau of Competition (“FTC”) and the Antitrust Division of the U.S. Department of Justice (“DOJ”) (hereinafter the “FTC” and “DOJ” may be jointly referred to as the “Agencies”) announced they would be “on alert” for violations of the federal antitrust laws aimed at exploiting the COVID-19 pandemic…Read More

Mergers and acquisitions in the highly regulated health care industry present unique challenges. Parties may falter if a health care transaction is not reviewed, negotiated and completed carefully with respect to the distinct concerns that health care presents. This article identifies three examples of key considerations unique to the post-acute care space. Licensure and regulatory…Read More

April 16, 2020 is National Healthcare Decisions Day. The goal of the day is to encourage Americans to think and talk about their health care goals and communicate their health care decisions by executing advance health care directives. Studies indicate that most Americans have not executed documents that name a health care decisionmaker or a…Read More

Wednesday, April 15 Recap Note – ​We believe this is the most up-to-date information available at this time, but it is subject to change ​as circumstances warrant. Also, all finalized resources can be found ​on the COVID-19 ​Resource ​Center page ​of Hall Render’s website.​ CMS Administrator Says More CARES Funds Coming This Week CMS Administrator Seema Verma…Read More

Last week the National Cabinet of the Commonwealth of Australia announced a Mandatory Code of Conduct (the “Code”) to govern commercial leasing arrangements impacted by the COVID-19 pandemic. Effective as of April 3, 2020, the Code imposes a set of good faith leasing principles to be applied when negotiating amendments to commercial leases between landlords…Read More

Tuesday, April 14 Recap Note – ​We believe this is the most up-to-date information available at this time, but it is subject to change ​as circumstances warrant. Also, all finalized resources can be found ​on the COVID-19 ​Resource ​Center page ​of Hall Render’s website.​ Congressional Outlook Today, Senate Majority Leader Mitch McConnell revised the Senate calendar so…Read More

The transfers and discharges of COVID-19 positive and COVID-19 negative residents are challenging for skilled nursing facilities (“SNFs”) and/or nursing facilities (“NFs”), (in this alert, SNFs and NFs are collectively Long‑Term Care Facilities “LTC Facilities”) as they navigate the evolving government guidance and delicate communication and public relations areas. On April 13, 2020, the Quality,…Read More

Monday, April 13 Recap Note – ​We believe this is the most up-to-date information available at this time, but it is subject to change ​as circumstances warrant. Also, all finalized resources can be found ​on the COVID-19 ​Resource ​Center page ​of Hall Render’s website.​ Congressional Outlook The Senate held a proforma session today without taking any action…Read More

On April 9, 2020, the EEOC issued new technical assistance FAQ responses.  Background EEOC states that EEO laws do not prevent employers from following guidelines and suggestions made by the CDC or state/local public health authorities. As previously mentioned in Hall Render postings, the EEOC has provided prior guidance entitled Pandemic Preparedness in the Workplace and the…Read More

Recently, the President signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Among many changes is a significant modification to the federal confidentiality protections currently afforded substance use disorder (“SUD”) records pursuant to the Public Health Services Act at 42 U.S.C. 290dd-2 (“PHS Act”). Most notable, the amendments to the PHS…Read More