Articles and Blogs

The Gap Between FDA Authorization and Medicare Coverage In April 2026, the Centers for Medicare & Medicaid Services (“CMS”) and the U.S. Food and Drug Administration (“FDA”) announced a proposed initiative, the Regulatory Alignment for Predictable and Immediate Device (“RAPID”) pathway, intended to expedite Medicare coverage of certain Class II and Class III devices that…Read More

The Indiana Court of Appeals (“the Court”) affirmed a temporary commitment order after finding clear and convincing evidence that a patient was gravely disabled because of mental illness. Rejecting the patient’s argument that medication noncompliance, denial of his diagnosis and temporary homelessness were insufficient to establish grave disability, the Court emphasized the totality of the…Read More

A federal court in Pennsylvania (“the Court”) ordered the unsealing of nearly a decade’s worth of False Claims Act (“FCA”) filings, holding that the government failed to overcome the strong presumption of public access to judicial records. In U.S. ex rel. Compton v. HCR ManorCare, Inc., No. 16-0851 (E.D. Pa. Apr. 17, 2026) (“Compton“), the…Read More

Atrium Health has submitted a certificate of need application to develop a new hospital in Wilmington, North Carolina. Atrium’s application follows applications submitted by Novant Health and UNC Health for new hospitals in Wilmington. State regulators have determined the Wilmington area is in need of 225 more hospital beds. Cone Health has submitted a certificate…Read More

The Indiana Department of Health (“IDOH”) published proposed amendments to the Residential Care Facility (“RCF”) regulations at 410 IAC 16.2-5 governing resident rights, residency agreements and involuntary resident evictions. The proposal represents one of the most significant updates to Indiana’s assisted living regulatory framework in recent years and is intended to align Indiana’s rules with…Read More

As Eliminating Kickbacks in Recovery Act (“EKRA”) enforcement continues to expand, the United States District Court for the Southern District of California in United States v. Simons offers an early look at how courts may handle the evidentiary and testimonial issues likely to arise in future prosecutions. On May 1, 2026, the Court issued an…Read More

Senate Enrolled Act 285 (“SEA 285”) will expand the statutory definition of “gravely disabled”. The law also creates a new statutory framework prohibiting unauthorized camping or sleeping on public property. This new misdemeanor expressly requires law enforcement officers to first assess whether emergency detention is appropriate before pursuing criminal penalties under the street-camping provisions. As…Read More

The Veterans Health Administration and HCA occupy the largest amount of REIT- and investor-owned outpatient space, according to a recent Revista post; however, most health systems overwhelmingly favor owner-occupied outpatient space. On the development side, third-party development accounts for about 30% of health system MOB projects, with the remainder being self-developed. High-quality, well-located medical office…Read More