Articles and Blogs

In the FY 2024 IPPS Final Rule (the “Final Rule”), the Centers for Medicare & Medicaid Services (“CMS”) incorporated certain social risk factors into the Hospital Value-Based Purchasing (“VBP”) Program (“the Program”). Set to begin in the FFY 2026 payment year, CMS will be using data on inpatient stays from January 1, 2024 through December…Read More

A Modern Healthcare article highlighted ways providers are increasingly turning to real estate transactions to generate cash flow to ease financial pressures and help navigate evolving care delivery models. A JLL survey indicated that 44% of hospital clients expect their real estate portfolio to shrink over the next 3-5 years. Intermountain welcomed its first patients…Read More

On October 5, 2023, the Office of Research Integrity (“ORI”) of the Department of Health and Human Services (“HHS”) issued a Notice of Proposed Rulemaking intended to update the Public Health Service (“PHS”) Policies on Research Misconduct, last revised in 2005 (the “Proposed Rule”). The Proposed Rule would significantly impact how research institutions handle allegations of…Read More

In the recent case of Murray v. UBS Securities LLC et al., the U.S. Supreme Court unanimously ruled that whistleblowers do not need to show retaliatory intent as part of a retaliation claim against an employer under the Sarbanes-Oxley Act (“SOX”), which governs corporate financial reporting and recordkeeping. The Supreme Court reinstated a $900,000 jury…Read More

Novant Health acquired three hospitals in South Carolina from Tenet Healthcare for $2.4B, including Hilton Head Hospital, East Cooper Medical Center and Coastal Carolina Hospital. The next state considering Certificate of Need (CON) reform is Kentucky according to a recent Becker’s article. At least four bills have been introduced to change the CON law, a…Read More

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file a premerger notification (an “HSR Filing”) with the Federal Trade Commission (“FTC”) Premerger Notification Office and Department of Justice (“DOJ”) Antitrust Division and to wait…Read More

On January 18, 2024, the Food and Drug Administration’s Office of Prescription Drug Promotion (“OPDP”) issued its first enforcement letter of the year. Last year, OPDP did not issue its first enforcement letter until July, as we discussed here, which makes us wonder whether we will see an increase in enforcement this year. As we…Read More