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CMS Considers New Ownership and Identity Verification Requirements for Medicare-Enrolled Providers and Suppliers

As previously reported by Sheppard, the Centers for Medicare & Medicaid Services (“CMS”) has announced several program integrity actions to combat health care fraud. Among these actions was the issuance of a Request for...more

Meaningful Changes in the Certificate of Need (CON) Landscape: Health Equity Impact Assessments

Regulators are making meaningful changes to Certificate of Need (CON) programs across the country to strengthen the oversight of material expansions in the healthcare market while reducing unnecessary regulatory friction....more

New York FY 2026-27 Executive Budget Advances Proposed Expansion of Healthcare Transaction Oversight

As New York’s FY 2026-27 budget process moves from joint legislative hearings that concluded last month into March negotiations, Governor Hochul’s proposal to expand oversight of “material transactions” involving healthcare...more

Health-e Law Podcast, Episode 22 | J.P. Morgan Healthcare 2026 and Beyond: Regulation, Technology and the Future of Health Equity [Audio]

Welcome to Health-e Law, Sheppard’s podcast exploring the fascinating health tech topics and trends of the day. In this episode, partner and host Michael Orlando welcomes Adam Herbst, a partner in Sheppard’s Healthcare...more

Four Takeaways From The Business Of Healthcare Conference At The University of Miami Herbert Business School

The University of Miami Herbert Business School’s Business of Healthcare conference on February 6, 2026, brought together payers, providers, clinical leadership, pharmaceutical executives, and federal policymakers. The agenda...more

Governor Hochul’s 2026 State of the State: What the Executive Budget Really Tells Us About Healthcare and Medicaid

Governor Hochul’s 2026 State of the State Agenda, released in January, and the FY 2027 Executive Budget are best understood as two parts of a single healthcare strategy. The Agenda sets the direction; the Budget supplies the...more

The OBBBA Is Here: What Health System Leaders Should Be Focused on Now

The One Big Beautiful Bill Act (OBBBA), enacted in July 2025, is no longer a policy debate or a future concern. It is already changing how coverage works, how Medicaid dollars flow, and how much operational friction health...more

California Issues Two-Year Freeze on PACE Applications: What Providers Need to Know

The California Department of Health Care Services (“DHCS”) announced via a Policy Letter that the state has paused the application process for Program of All-Inclusive Care for the Elderly (“PACE”) organizations for a minimum...more

New York Adopts Major Certificate of Need Amendments Effective August 6, 2025

On August 6, 2025, the New York State Department of Health (DOH) finalized amendments to its Certificate of Need (CON) regulations in 10 N.Y.C.R.R. Part 710, raising the financial thresholds for full review, expanding...more

State-Directed Payments, Value-Based Care, and the “One Big Beautiful” Bill: A Comprehensive Analysis

Among the many sweeping changes to the Medicaid program included in the One Big Beautiful Bill Act (“OBBBA”), Congress established new statutory caps on state-directed payments (“SDPs”) in Medicaid managed care. SDPs have...more

What Health Equity Means for CON — and Why It Matters Now

Following Sheppard Mullin’s recent webinar on Health Equity Impact Assessments (HEIAs), one thing is clear: providers and investors cannot afford to treat equity requirements as an afterthought in the Certificate of Need...more

Policy Brief: Aligning Nursing Home Bed Planning with New York’s Certificate of Need Reform Goals

Last month, New York State began a formal review of its Certificate of Need (CON) process for nursing homes, launching a timely conversation about how best to align regulatory oversight with evolving system needs. A new...more

New York’s Master Plan for Aging: What Legal, Health, and Policy Leaders Need to Know

On June 30, 2025, New York State released its long-anticipated Master Plan for Aging (MPA), a 10-year strategic framework designed to improve the way the state supports older adults, individuals with disabilities, and family...more

Congressional Budget Proposal Includes Adjustments to Dual-Eligible Enrollment Pathways and Medicare Savings Program Rules

In June 2025, the U.S. House of Representatives introduced a budget reconciliation bill titled the One Big Beautiful Bill Act (OBBBA). The legislation proposes a number of administrative changes to existing federal health...more

Understanding the Federal Reconciliation Bill’s Implications for MCO Tax Structure

New York’s Medicaid financing strategy—particularly its use of a managed care organization (MCO) tax—has come under renewed federal scrutiny amid recent legislative proposals and regulatory developments. The federal...more

Proposed Rule on Medicaid Tax Waivers: CMS Moves to Close a Loophole Shifting Costs to the Federal Government

On May 15, 2025, the Centers for Medicare & Medicaid Services (“CMS”) released a proposed rule, entitled “Preserving Medicaid Funding for Vulnerable Populations – Closing a Health Care-Related Tax Loophole” to address a...more

CMS to Withdraw Federal Medicaid Match for Workforce, Social Needs, and Infrastructure: What States, Health Care Providers and...

In a move signaling a major shift in federal priorities, the Centers for Medicare & Medicaid Services (“CMS”) recently announced it will limit federal funding for state Medicaid initiatives that support services beyond direct...more

Updated: The Future of Gender-Affirming Care – New Legal and Regulatory Considerations for Hospitals Providing These Services

As legal and policy developments continue to evolve, hospitals and health care professionals that provide gender-affirming care face new uncertainties regarding federal funding, compliance, and patient access. While these...more

Medicaid in the Crosshairs What Restructuring Could Mean for States, Providers, and Beneficiaries

As budget negotiations heat up in Washington, Medicaid has emerged as a key target for cost-cutting measures. With policymakers looking to trim federal spending while maintaining commitments to Social Security and Medicare,...more

Healthcare Industry Leaders Predict Four Areas to Watch After the U.S. Election: Takeaways from the Business of Health Care...

The recent U.S. election has had profound implications for the healthcare industry, prompting industry leaders to reexamine their strategies and day-to-day operations. At the Miami Herbert Business School’s annual “The...more

New York’s Health Information Privacy Act: A Turning Point for Digital Health or a Roadblock to Innovation?

The proposed New York Health Information Privacy Act (NYHIPA), currently awaiting Governor Kathy Hochul’s signature, represents a major step in the state’s approach to protecting personal health data in the digital age. At...more

Navigating New York’s Proposed Cost Market Impact Review

In January 2025, New York Governor Kathy Hochul proposed legislation within her FY 2026 Executive Budget that could significantly reshape healthcare transactions in the state. This legislation introduces a “Cost Market Impact...more

Building a Smarter Long-Term Care System in New York

New York State has a long-standing commitment to supporting its most vulnerable populations through Medicaid-funded services for older adults and those requiring long-term care. However, rising costs and an increasingly...more

The Legal and Economic Realities of Medicare Drug Pricing: Navigating Opportunities and Challenges

The rising cost of prescription drugs under Medicare continues to pose significant challenges for seniors, a population that relies heavily on consistent and affordable access to medications. This issue underscores broader...more

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