On April 23, 2024, the U.S. Federal Trade Commission (FTC or Commission) finalized a rule, by a vote of 3-2, abolishing the vast majority of employee covenants not to compete across the United States (the Non-Compete Rule or...more
On April 3, 2024, Senators Edward Markey (D-Mass.) and Elizabeth Warren (D-Mass.), chaired a Senate Health, Education, Labor, and Pensions (HELP) Subcommittee on Primary Health and Retirement Security field hearing titled,...more
4/11/2024
/ Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
For-Profit Corporations ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Healthcare ,
Healthcare Workers ,
Investment ,
Licenses ,
Medicare ,
Private Equity ,
Proposed Legislation ,
Request For Information ,
Transparency
Physician consolidation continued on a robust pace this past year, despite, or maybe because of, the Pandemic. Physician-owned orthopedic practices appear to be no exception to this trend. Interestingly, orthopedic...more
1/13/2022
/ Ambulatory Surgery Centers ,
Anti-Kickback Statute ,
CARES Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Coronavirus/COVID-19 ,
Durable Medical Equipment ,
EBITDA ,
False Claims Act (FCA) ,
Health Care Providers ,
Industry Consolidation ,
Investment ,
Medical Billing Codes ,
Paycheck Protection Program (PPP) ,
Physicians ,
Private Equity ,
Provider Relief Fund ,
Stark Law
Health care provider boards of directors have been put on notice—given these two recent Delaware court decisions - Clovis and Marchand—that courts may be willing to significantly extend a corporate board’s Caremark duty to...more
1/14/2020
/ Bad Faith ,
Board of Directors ,
Breach of Duty ,
Caremark claim ,
Compliance ,
Corporate Officers ,
DE Supreme Court ,
Duty of Loyalty ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Oversight Duties ,
Personal Liability ,
Pleading Standards ,
Regulatory Standards ,
Risk Management
With the pace of orthopedic medical practice recapitalizations showing no signs of slowing, it is appropriate to review certain of the most critical legal issues that any buyer considering a transaction must take into...more
1/7/2020
/ Ambulatory Surgery Centers ,
Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
False Claims Act (FCA) ,
Health Care Providers ,
Hospitals ,
Medicaid ,
Medicare ,
Physicians ,
Recapitalization ,
Risk Management ,
Stark Law ,
Strategic Planning
In a move to provide the Attorney General with oversight authority with respect to certain health care transactions in the State of Florida, the Florida House Health Market Reform Subcommittee recently approved a measure that...more
12/20/2019
/ ACOs ,
Acquisitions ,
Civil Investigation Demand ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Hospitals ,
Jurisdiction ,
Material Change Doctrine ,
Mergers ,
Physician-Owned Hospitals ,
Proposed Legislation ,
Regulatory Oversight ,
State Attorneys General
Welcome to Foley & Lardner LLP’s Health Care MarketTrends. In this issue, we examine private equity investment in specialty areas of the health care industry, specifically dermatology and orthopedics....more
9/17/2019
/ Anti-Kickback Statute ,
Audits ,
Billing ,
Centers for Medicare & Medicaid Services (CMS) ,
Coding ,
Health Care Providers ,
Hospitals ,
Investors ,
Medicaid ,
Medicare ,
Private Equity ,
Private Equity Firms ,
Specialty Healthcare ,
Stark Law
Transactions for ambulatory surgical centers are on the rise, especially between hospitals and community physicians. Foley & Lardner’s Roger Strode examines reasons for the uptick and says careful structuring of these deals...more
Ambulatory surgery center (ASC) development and ownership has made a comeback after a number of years of stagnation due to an oversupply of centers and poor income growth. However, with significant changes in payment...more
3/29/2019
/ Ambulatory Surgery Centers ,
Anti-Kickback Statute ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Medicare ,
OIG ,
Patient Referrals ,
Physicians ,
Safe Harbors ,
Specialty Healthcare ,
Surgery
We have posted previously in Healthcare Law Today related to physician private equity transactions, commonly called “recapitalizations.” Most of the discussions have been about the “who,” the “why” and the “how” of these...more
As noted in previous Health Care Law Today blog posts, we have seen an uptick in private equity recapitalization transactions in orthopedics. We expect this trend to continue, and to pick up pace, as the economy remains...more
1/8/2019
/ Anti-Kickback Statute ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Homeland Security (DHS) ,
Health Care Providers ,
Hospitals ,
Joint Venture ,
Physicians ,
Private Equity ,
Private Equity Funds ,
Recapitalization ,
Stark Law
The past decade has seen a tremendous amount of private equity investment in physician practice recapitalizations, primarily in hospital-based practices such as anesthesiology and radiology as well as “retail medicine...more
6/4/2018
/ Acquisitions ,
Ancillary Agreements ,
Anti-Kickback Statute ,
BPCI ,
Centers for Medicare & Medicaid Services (CMS) ,
EBITDA ,
Health Care Providers ,
Hospitals ,
Investment ,
Investors ,
Pharmaceutical Industry ,
Physicians ,
Private Equity ,
Private Equity Funds ,
Stark Law
After a prolonged period of stagnant growth primarily due to a glut of capacity coupled with flat or declining revenue growth, we’re beginning to see a resurgence of Ambulatory Surgery Centers (ASCs). In fact, experts are...more
5/25/2018
/ Ambulatory Surgery Centers ,
Health Care Providers ,
Hospitals ,
Investors ,
Joint Venture ,
OIG ,
Patient Referrals ,
Physician-Owned Distributors ,
Physicians ,
Revenue Growth ,
Safe Harbors ,
Stark Law
From hospital expansions with large insurance deals to physician group consolidation, the continued outlook for health care mergers and acquisitions in 2016 is expected to be rampant. The following six factors will likely be...more
We are in the midst of a trend involving the “outsourcing” of certain outpatient and ambulatory services by hospitals and health systems. These outsourcing transactions often involve partnerships with for-profit, specialty ...more