Articles and Blogs

The FFY 2023 IPPS Proposed Rule (“Proposed Rule”) was released on April 18, 2022, and CMS published the associated tables on its website. In addition, the Proposed Rule is expected to be published in the Federal Register on May 10. This year, CMS is proposing to implement a cap on the decreases in wage index…Read More

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights happening across the nation. Last week, there were a number of new legislative updates. The Public Health Emergency was extended, CMS proposed a small increase in skilled nursing facility (“SNF”) reimbursement rates and South Carolina is pushing to…Read More

The Eleventh Circuit Court of Appeals recently affirmed that a qui tam relator’s original complaint, rather than any amended complaints subsequently filed in the action, is the “proper point of reference” for analysis under the False Claims Act’s (“FCA’s”) first-to-file rule. Cho on behalf of States v. Surgery Partners, Inc., No. 20-14109 WL 982126 (11th…Read More

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights happening across the nation. Last week, CMS proposed increases in Medicare rates for certain health care services, and Florida’s governor signed legislation that ensures patients of hospitals and health care facilities are allowed to have visitors. In other…Read More

The Department of Health and Human Services Health Resources and Services Administration (“HRSA”) published new Provider Relief Fund (“PRF”) guidance Wednesday, April 6, allowing recipients that failed to submit a required report on time to request approval to submit a late report. The new guidance follows recent reports that HRSA sent out nearly 10,000 repayment…Read More

Recently, the Seventh Circuit, in Proctor v. Safeway, Inc., clarified what it means to act with reckless disregard in respect to claims brought under the False Claims Act (“FCA”). ­__ F.4th ­__, No. 3:11-CV-3406, 2022 WL 1012256, (7th Cir. 2022). In doing so, the court stated that authoritative guidance must be truly authoritative in context…Read More

In June of 2021, OSHA published an Emergency Temporary Standard (“ETS”) in order to protect health care and health care support service workers from exposure to COVID-19 while at work. The ETS took immediate effect, though at the time, OSHA requested comments on the specifics of the ETS, including whether it should become permanent. OSHA…Read More

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights currently happening across the nation. This week’s update includes legislation that, if passed by the U.S. Senate, could legalize marijuana and generate tax revenue to boot. Early reports suggest that the U.S. Senate plans to propose its own form…Read More