Articles and Blogs

An article in GlobeSt. touted the benefits of the “modern ground lease” as a compelling financing option for real estate construction. While the current financing landscape has made sale/leaseback transactions between developers and investors a more attractive option of late, nonprofit health providers can get the added benefit of working with a nonprofit capital partner…Read More

As advertising technology continues to evolve, it is becoming more common for website operators to utilize web trackers such as cookies, web beacons, tracking pixels and fingerprinting scripts to track and collect information from site users. Even health care providers may use certain web analytics tools to find out where visitors to their website come…Read More

CMS released a roadmap for ending the COVID-19 Public Health Emergency (“PHE”). CMS will be terminating numerous regulatory waivers that were put in place to offer flexibility to health care providers during the pandemic and will give notice to providers 60 days before ending the PHE. Fitch published its mid-year outlook for non-profit hospitals. The…Read More

Representations and warranties insurance (“RWI”) provides coverage for unanticipated losses arising out of breaches of the seller’s representations and warranties in an acquisition transaction. RWI offers a number of key advantages over traditional risk allocation methods. While RWI was originally developed for use in private equity transactions, RWI is now being used in a variety…Read More

On July 15, 2022, the Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced its resolution of eleven separate investigations against covered entities for violations of the individual’s right of access under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). OCR’s continued efforts with respect to…Read More

Congress passed the Inflation Reduction Act, which 1) includes $300B for energy and climate reform and $60B in incentives for renewable energy products such as solar panels and wind turbines; 2) gives the federal health care secretary the right to negotiate drug prices for Medicare and caps out of pocket expenses on certain drugs for…Read More

The United States Department of Health and Human Services Office for Civil Rights (“OCR”) announced a settlement with a research university (“University”) which has agreed to pay $875,000 to settle potential violations of the HIPAA Privacy, Security and Breach Notification Rules, as well as to take corrective action after an unauthorized third party gained access…Read More