NY Governor vetoes noncompete ban bill after opposition from health, business groups - Kathy Hochul vetoed a bill passed by both houses of the NY legislature in June that would’ve imposed bans of non-compete clauses in...more
FTC, DoJ propose changes to HSR Act for more effective, efficient merger reviews - The FTC, along with the Assistant Attorney General of the Antitrust Division, proposed changes to the premerger notification form and...more
NY non-compete ban still receiving pushback as Governor waits to sign off - While NY Governor Kathy Hochul waits to sign off on one of the country’s toughest bans on non-compete agreements, many lobby groups from the...more
Benesch: NLRB decision overturns use of ‘entrepreneurial opportunity’ super factor for classifying employees - Benesch explains the labor board’s decision retains the 10-point test to determine who can be considered an...more
Benesch: MN ban on non-compete agreements includes carveout for business sale, dissolution - Benesch Law notes the bill only awaits the signature of MN’s Governor and could become law as early as July 1. It would prevent...more
ME trial reminiscent of DaVita anti-poaching case that also ended in acquittal; DOJ strategy questioned - In Apr. 2022, juries in TX and CO acquitted healthcare companies charged by the DOJ’s Antitrust Division. In the CO...more
Fresenius CEO resigning; to be replaced by head of company’s pharmaceutical business - Michael Sen, President and CEO of Fresenius Kabi, will replace Stephan Sturm as CEO of Fresenius SE on Oct. 1. Shares in the company...more
DOJ files civil complaint alleging Fresenius performed unnecessary procedures on dialysis patients - In June, it was revealed that DOJ would partially join a whistleblower lawsuit against the dialysis provider. In a civil...more
Medtronic, DaVita forming kidney tech company to develop dialysis delivery systems - The healthtech and the dialysis provider will be 50-50 partners in the venture, which will include the entirety of Medtronic’s renal...more
CMS calls for applications for second cohort of KCC Model; deadline set for Mar. 25 - The Center for Medicare and Medicaid Innovation says performance period participation agreements for the CMS Kidney Care First Option...more
Carolina Kidney Partners: Addition of Ga.-based nephrology practice expands Medicare, commercial insurance footprint - Savannah’s Nephrology & Hypertension Medical Associates operates seven clinics in Ga. and S. Car....more
I. Certificate of Need Program - A. A.AL2021-011, DVA Healthcare Renal Care, Inc. d/b/a Northport Dialysis, Northport, AL: Proposes the relocation and expansion of its existing state-of-the-art ESRD facility by adding ten...more
Study contends lifestyle, chronic ailments to drive 56% growth in value of global peritoneal dialysis market through 2027 - A report (available for purchase) from Canadian research firm Emergen Research suggests the...more
I. Certificate of Need Program - A. AL2020-042, The Board of Trustees of the University of Alabama for the University of Alabama Hospital, Birmingham, AL: Proposes to expand the hospital by adding fifty (50) beds to its...more
AMA report suggests Medicare spending fell 19% YoY during first half of 2020; reduction in nephrology much smaller The report from the American Medical Association (AMA) found Medicare payments to physicians the first six...more
CMS to reprocess excepted off-campus provider-based outpatient claims following court ruling - CMS says it’ll begin reprocessing claims for outpatient clinic visit services provided at excepted off-campus provider-based...more
ARA agrees to be acquired by Nautic in deal which values company at $853M - Under the terms of the purchasing agreement between American Renal Associates (ARA) and mid-market PE firm Nautic, ARA can take advantage of a...more
DaVita commences $1B share buyback plan - Through what is called a modified Dutch auction, DaVita plans to purchase stock at between $77 and $88 per share. Shareholders whose shares are purchased will be paid the...more
I. Certificate of Need Program - A. Project Modification - 2017-016, The East Alabama Health Care Authority d/b/a East Alabama Medical Center, Opelika, AL: Proposes to expand ambulatory surgical services by operating,...more
I. SHPDA Administrative Report - AL2015-024, Greystone Surgery Center LLC, d/b/a Greystone Surgery Center, Birmingham, AL: Proposes to establish an Ambulatory Surgical Center through the conversion of an existing...more
On June 26, 2015, CMS released a Proposed Rule to increase payments by 0.3% for end-stage renal disease (ESRD) care providers in 2016 under the ESRD Prospective Payment System (PPS) for renal dialysis services. CMS estimates...more