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Earnout Held to Violate NY Fee Splitting Prohibition

A pivotal decision by a New York Appellate Division court holding that earnouts based on the future revenue of a dental practice violated the NY Fee Splitting Prohibition could substantially impact the structuring of health...more

Annual Report to Congress on Breaches of Unsecured Protected Health Information

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and...more

Annual Report to Congress on HIPAA Privacy, Security, and Breach Notification Rule Compliance

The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and...more

HHS and FDA Release Updated Guidance on Informed Consent

On March 1, 2024, the US Department of Health and Human Services (HHS) Office for Human Research Protections (OHRP) and the US Food & Drug Administration (FDA) unveiled a preliminary guidance document named Enhancing...more

Health & Human Services Releases Final Rule for Opioid Treatment Programs

The U.S. Department of Health and Human Services (“HHS”) and the Substance Abuse and Mental Health Service Administration (“SAMHSA”) published a final rule on Feb. 2, 2024, that cemented significant Pandemic-era flexibilities...more

Benesch DSO Intelligence Quarterly Report: Q3 2023

Profitable Dental Practices Push to Increase Patient Satisfaction Through Automation - A report by NexHealth, a digital scheduling platform, conducted a survey to determine the state of the dental industry in 2023 by...more

Department of Justice Announces Department-Wide Safe Harbor for Voluntary Self-Disclosures Discovered During the M & A Process

On October 4, 2023, the Deputy Attorney General Lisa O. Monaco announced that the Department of Justice (“DOJ”) has adopted a new department-wide Mergers and Acquisitions Safe Harbor Policy (the “Safe Harbor Policy”) to...more

Benesch DSO Intelligence Quarterly Report: Q2 2023

Younger Dentists are Affiliating with DSOs at Higher Rates in the U.S. Financial constraints, stronger need for work/life balance is driving this trend - The ADA Health Policy Institute (HPI) released data in May that...more

Benesch DSO Intelligence Quarterly Report: Q1 2023

Dental practice consolidation to continue in 2023 despite economic uncertainty - Despite the rapid increase in consolidation in the past decade, analysts believe that it is only the beginning for the DSO industry, with...more

Benesch DSO Intelligence Bi-Monthly Report: September - November 2022

AI can improve dental services by complimenting, not eliminating, human performance - Artificial Intelligence (AI) is playing an increasingly important role across a variety of industries and can benefit dental practices...more

Benesch DSO Intelligence Bi-Monthly Report: July - September 2022

Insurance reimbursements remained stagnant despite higher operating costs for dental practices - According to an August poll by the American Dental Association’s Health Policy Institute, insurance reimbursements have not...more

OIG Provides Insight as to Risky Billing Practices for Medicare Telehealth Services

​​​​​​​As part of the Federal government’s response to the COVID-19 pandemic, the coverage of telehealth services by Medicare was greatly expanded by CMS through the COVID-19 telehealth waivers. Further expansion of...more

Benesch DSO Intelligence Bi-Monthly Report: May - July 2022

Court Square Capital acquisition of West Coast Dental could fuel M&A in Calif. and neighboring states - The acquisition was reportedly valued around $250 million and plans for the acquisition include accelerating new de...more

Benesch DSO Market Intelligence Bi-Monthly Report: March - May 2022

Dentists continue to shift toward DSO-supported practices amid ongoing labor challenges - According to the American Dental Association, DSO-supported practices are now considered one of the fastest growing practice models...more

Benesch DSO Market Intelligence Bi-Monthly Report: January - March 2022

ADA, coalition thanks lawmakers for passing bill aimed at preventing burnout among health workers as pandemic-related challenges continue to affect industry - The ADA and 70 stakeholders praised Congress for passing the...more

CMS Clarifies Expansion of Physician-Owned Hospital’s “Unlicensed” Observation Beds Under Stark “Whole Hospital” Exception

The Centers for Medicare & Medicaid Services (CMS) recently issued an advisory opinion under the federal physician-self referral law (the “Stark Law”) (Advisory Opinion No. CMS-AO-2021-2) (the “Advisory Opinion”) clarifying...more

Benesch DSO Market Intelligence Bi-Monthly Report: November 2021 - January 2022

Nationwide poll on COVID-19 impacts in dentistry find lowest ‘open as usual’ rate since March - According to the American Dental Association’s COVID-19 impact poll for the week of Dec. 13, 60.5% of organizations...more

Updated Deadlines and Interpretive Guidance from CMS for Compliance with COVID-19 Vaccination Standards

Updated January 21, 2022 - In response to the U.S. Supreme Court’s decision on January 13, 2022, upholding the Health Care Staff Vaccination Standards for certain Medicare- and Medicaid- certified providers and suppliers...more

Benesch DSO Newsletter - Q4 2021

Teledentistry M&As aim to increase access to on-demand virtual dental care - According to the American Dental Association (ADA), every 15 seconds, a person enters an Emergency Room with a dental emergency, costing the...more

How Will CMS’ Interim Final Rule Implementing COVID-19 Vaccine Mandate impact Medicare and Medicaid Providers and Suppliers?

On November 5, 2021, the Centers for Medicare and Medicaid Services (CMS) released an interim final rule that will require all healthcare workers of certain Medicare and Medicaid certified providers and suppliers (as listed...more

Benesch DSO Newsletter - Q3 2021

Key Issues - Nation’s largest DSOs successfully weather the pandemic - Data from the American Dental Association (ADA) shows a steady, long-term growth trend for DSOs. In 2017, the ADA found 7.4% of U.S. dentists were...more

Ohio to Require Hospitals to be Licensed

On July 1, 2021, Governor Mike DeWine signed into law a provision in the FY 2022-23 Budget which will require Hospitals to be licensed in Ohio for the first time in the State’s history (the “Ohio Hospital Licensure...more

DOL Narrows “Health Care Provider” Exclusion under the FFCRA; Affirms Other Guidance Invalidated by Federal Court

The Department of Labor has clarified and revised its temporary rule (the “Rule”) implementing the Families First Coronavirus Response Act (“FFCRA”) in response to a federal court’s ruling that certain parts of the Rule were...more

CMS Blanket Waivers of the Stark Law for COVID-19 Purposes

On March 30, 2020, the Centers for Medicare and Medicaid Services (“ CMS”) issued Blanket Waivers (the “ Blanket Waivers”) of the Federal Physician Self-Referral Law (the “ Stark Law”) that apply only to financial...more

Employers may Elect to Exclude Health Care Provider and Emergency Responder Employees from FFCRA Paid Leave Provisions

On March 28, 2020, the Department of Labor released additional guidance (the “ Guidance”) regarding which employees are included in the definition of “health care providers” and “emergency responders” that employers may elect...more

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