Articles and Blogs

The Department of Health and Human Services Office of Inspector General (“OIG”) released a report on September 24, 2024, identifying the need for further oversight of remote patient monitoring (“RPM”) services. Notably, OIG is specifically recommending the use of incident-to modifiers, which will likely impact non-RPM services as well, and including ordering on the claim…Read More

Health care continues to drive private equity (“PE”) activity, creating opportunities for investors and traditional health care providers. Transactions in the health care space are especially complicated, layering health care regulatory and reimbursement considerations on top of a complex securities, antitrust, privacy and security framework. Hall Render’s PE team of attorneys and advisors leverage the…Read More

In what has now become a common mash-up of celebrity influence and pharmaceutical marketing, a recent direct-to-consumer (“DTC”) television advertisement ( “TV Ad”) came under fire from the Food and Drug Administration’s (“FDA”) Office of Prescription Drug Promotion (“OPDP” or “agency”) in the agency’s fourth Untitled Letter of the year. With only three months left…Read More

On October 3, 2024, the Centers for Medicare & Medicaid Services (“CMS”) published an interim final rule that eliminated the low wage index hospital policy and related budget neutrality adjustments. This action was prompted by the D.C. Circuit Court of Appeals’ decision to vacate the policy in Bridgeport Hospital v Becerra (“Bridgeport“) concluding that the Secretary…Read More

On October 10, 2024, the Federal Trade Commission (“FTC”) announced their unanimous vote to finalize changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the Hart-Scott-Rodino (“HSR”) Act. The HSR Antitrust Improvements Act of 1976, as amended, requires all persons contemplating certain mergers or acquisitions that meet…Read More

On Thursday, September 26, 2024, Hurricane Helene made landfall in the southeastern United States, causing significant property damage estimated between $20 billion and $34 billion. Less than two weeks later, Hurricane Milton pounded the western coast of Florida, causing significant flooding to many parts of the state. As nonprofit hospitals and health systems assess and…Read More

Nonprofit health care providers affected by Hurricanes Helene and Milton may qualify for FEMA relief under the Stafford Act. Hall Render published a recent article with tips on applying for disaster relief. Twenty states and 19 nonprofit organizations filed a lawsuit against HHS and CMS over recent nursing home minimum staffing mandates. The plaintiffs allege the…Read More

California Governor Gavin Newsom has vetoed a bill that was designed to restrict private equity and hedge fund investments in the health care industry. Governor Newsom said the California Office of Health Care Affordability has sufficient authority to regulate health care transactions. Brookdale Senior Living announced plans to acquire a portfolio of 41 senior housing…Read More