Articles and Blogs

The National Association of Realtors (NAR) has agreed to pay $418M to settle claims that it inflated real estate commissions. Under the settlement, NAR will change its rules to 1) no longer require agents to subscribe to multiple listing services (MLS); 2) prohibit selling agents from posting commissions they will pay to buyer agents on…Read More

The Centers for Medicare & Medicaid Services (“CMS”) recently announced the ACO Primary Care Flex Model (“Flex Model”), a new voluntary model within MSSP for low-revenue ACOs, that begins January 1, 2025. The Flex Model will utilize a prospective primary care payment option to increase flexibility for low-revenue ACOs to increase access to high-quality primary…Read More

On March 18, 2024, the Office for Civil Rights (“OCR”) issued an update to its December 2022 Bulletin regarding the usage of online tracking technologies by HIPAA-regulated entities. When originally published, the Bulletin aimed to clarify when identifiable information collected by tracking technologies on a regulated entity’s website may constitute protected health information (“PHI”) as…Read More

CMS recently issued a final rule to require health care payers to improve communications between the payers, providers and patients and to improve the prior authorization processes (“Final Rule”). The Final Rule aims to improve electronic exchange of health care data with a particular focus on improving the prior authorization process through the implementation of…Read More

The cybersecurity incident recently experienced by Change Healthcare has materially disrupted the health care delivery system and created significant financial, operational and legal challenges for many health care organizations. Organizations impacted by this incident should be careful to react thoughtfully and deliberately when addressing these challenges to ensure that any steps taken do not exacerbate…Read More

Average MOB cap rates have increased for five consecutive quarters, ending Q4 2023 at 6.9%. Average MOB triple-net asking rent increased by 0.4% year-over-year to $23.66 per sf. Hackensack Meridian Health (NJ) broke ground on a $200M health and wellness facility being built adjacent to a public transit facility to enhance access for patients. The…Read More

On February 8, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights and the Substance Abuse and Mental Health Services Administration (“SAMHSA”) issued a Final Rule that modified the “Confidentiality of Substance Use Disorder Patient Records” regulated by 42 CFR Part 2 (“Part 2”). The Final Rule was published in…Read More

On January 30, 2024, the Centers for Medicare and Medicaid Services (“CMS”) issued a Request For Information (“RFI”) seeking input from interested parties regarding Medicare Advantage (“MA”) data. CMS’s goals for the RFI are to enhance data capabilities “to have better insight into [MA] programs, consider areas to increase MA data transparency, and propose future…Read More