Articles and Blogs

The Hospital Association of Rhode Island has raised concern over Providence, RI Mayor Brett Smiley’s push for legislation that would authorize the municipality to tax hospital-owned real estate occupied by any tenant, including nonprofit physician groups affiliated with a nonprofit hospital. Managed care company Centene Corporation has listed a 68-acre, 517,000-sf corporate campus for sublease…Read More

In Dental Health Products, Inc. v. Sunshine Cleaning Services, Inc., No. 21-C-1358, 2023 WL 2163495 (E.D. Wis., Feb. 23, 2023), a federal district court in Wisconsin recently dismissed the breach of contract claims brought by a buyer against a seller of medical gloves based upon the terms of the purchase agreement. This ruling reminds contracting parties…Read More

The Equal Employment Opportunity Commission (“EEOC”) recently issued its technical assistance document addressing the questions related to employers’ use of algorithmic or artificial intelligence decision-making tools under Title VII of the Civil Rights Act, 42 USC § 2000e‑2(k)(1)(A)(1) et seq. (“Title VII”). The EEOC’s technical assistance documents are not binding and do not have the force and…Read More

The Centers for Medicare & Medicaid Services (“CMS”) is now accepting applications from ACOs to participate in the Medicare Shared Savings Program (“MSSP” or “Program”) for the agreement period beginning January 1, 2024. The application process is split into two phases. Phase 1 of the application submission process opened May 18, 2023, and closes June…Read More

During the COVID pandemic, more and more long-term care providers turned to staffing agencies to fill shifts and staffing shortfalls. Indiana Governor Eric Holcomb recently signed Indiana House Enrolled Act No. 1461 (the “Staffing Agency Law”) into law. The Staffing Agency Law contains several changes to laws that impact Indiana long-term care providers and requires…Read More

HCA plans to invest $4.6B this year in land and construction projects for new hospital and outpatient projects. HCA has purchased land in Austin, Las Vegas, Salt Lake City and in various Florida markets for new hospital projects. HCA has around 182 hospitals in the U.S. and U.K. and 2,500 outpatient clinics. California has created a $150M loan program for struggling hospitals. The program will…Read More

On April 18, 2023, the Department of Health and Human Services Office of the National Coordinator for Health Information Technology (“ONC”) published a Proposed Rule titled “Health Data, Technology and Interoperability: Certification Program Updates, Algorithms, Transparency and Information Sharing” (“Proposed Rule”).   The Proposed Rule is intended to serve a variety of purposes, including implementing…Read More

Could it be that CMS is implementing changes in the Medicare Communications and Marketing standards that will change the content and tone of the omnipresent television and radio advertisements targeted at potential enrollees? On the heels of publishing a final rule modifying the regulations for Medicare communications and marketing in April, on May 10, 2023,…Read More

The Seventh Circuit recently held in Astellas US Holding, Inc. v. Federal Insurance Company, No. 21-3075 WL 3221737 (7th Cir. 2023) (“Astellas”) that insurance policies may need to cover settlements designed to compensate a party and make them whole, including settlements paid the United States government, and the cost of defense in False Claims Act…Read More