Articles and Blogs

The antitrust agencies have been active this month, bringing compliance with the Hart-Scott-Rodino (“HSR”) Act to the forefront. The HSR Act requires companies to file premerger notifications with the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) for certain transactions. FTC Fines Gun-Jumpers On January 7, 2025, the FTC announced that…Read More

The U.S. Department of Health and Human Services (“HHS”) and the National Institutes of Health (“NIH”) have recently announced significant updates to the implementation of the HIV Organ Policy Equity (“HOPE”) Act (42 U.S.C. § 274f-5). These changes, published in the Federal Register on November 27, 2024, and December 30, 2024, mark a pivotal shift…Read More

Effective January 1, 2025, Illinois enacted a law that contains several updates to Illinois’s change of ownership (“CHOW”) laws for nursing homes. Changes to Illinois’ CHOW Laws Illinois Public Act 103-0776 (“CHOW Law”) replaces Sections 3-112,  3-113 and 3-114 of the Illinois Nursing Home Care Act (the “Act”). The CHOW Law provides that nursing home…Read More

On December 27, 2024, the U.S. Food and Drug Administration (“FDA” or “Agency”) published a final rule updating the criteria for the implied nutrient content claim “healthy” that appears on food packaging. The “healthy” label serves as a quick, consumer-friendly signal on food packaging to help consumers identify foundational foods that support a balanced, nutritious…Read More

As the new year commences, nonprofit health care providers are reminded of the importance of ensuring compliance with state-specific filing deadlines for property tax exemption. If the deadline for a particular year is missed, the provider will likely be obligated to pay the taxes for that year. In most jurisdictions, each tax year stands alone,…Read More

On January 7, 2025, the Federal Trade Commission (“FTC”) announced that several crude oil producers will pay a record $5.6 million in civil penalties to settle allegations of premerger “gun-jumping” in violation of the Hart-Scott-Rodino (“HSR”) Act. Parties to a merger violate the antitrust laws when a buyer takes operational control over the seller, or…Read More

On January 1, 2025, the Centers for Medicare and Medicaid Services’ (“CMS”) new 60-Day Rule became effective. The 60-Day Rule states several changes, with some changes significantly impacting False Claims Act (“FCA”) liability. Background CMS’s 60-Day Rule is a regulation under the Affordable Care Act (“ACA”) that requires health care providers and suppliers to report…Read More

The sale of Ascension’s 11 Illinois hospitals for $375M to Prime Healthcare has received regulatory approval. The transaction is part of Ascension’s strategic realignment of its health care facilities to focus on outpatient care. Advocate Health Care, the largest health system in Illinois, plans to invest $1B over the next decade to expand its presence…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