As Medicare physician reimbursement continues in 2025 to suffer from damaging shortfalls due to budget neutrality and lack of an inflation adjuster, steps are being taken in Congress to address the issue. On January 31, the...more
3/14/2025
/ Data Breach ,
Dialysis ,
Dialysis Providers ,
Federal Budget ,
Health Care Providers ,
Health Insurance ,
Healthcare Reform ,
Medicare ,
Medicines and Healthcare Products Regulatory Agency (MHRA) ,
Patient Access ,
Physicians ,
Proposed Legislation ,
Trump Administration
A New Hope in Kidney Transplants: The Promise of Xenotransplantation -
Joe’s struggle for a kidney transplant highlights a dire reality: donor shortages are leaving countless patients in limbo. Enter Dr. PK, a pioneering...more
2/14/2025
/ Animal Health ,
Centers for Medicare & Medicaid Services (CMS) ,
Clinical Trials ,
Dialysis ,
Dialysis Providers ,
Health Care Providers ,
Health Technology ,
Healthcare ,
Innovative Technology ,
Life Sciences ,
Medical Devices ,
Medical Research ,
Organ Transplant Centers ,
Professional Conferences ,
Public Health
Happy New Year and welcome to our 2024 Trade Secret and Restrictive Covenant Year in Review. 2024 was less stressful and dramatic than most people feared at the start of the year, but there still were some significant rulings...more
1/22/2025
/ Centers for Medicare & Medicaid Services (CMS) ,
Contract Terms ,
Dialysis ,
Dialysis Providers ,
Final Rules ,
Non-Compete Agreements ,
Physician Fee Schedule ,
Private Equity ,
Regulatory Reform ,
Restrictive Covenants ,
Trade Secrets
Senators not giving up on reversing CMS physician payment cuts during lame duck session -
Forty-one U.S. Senators from both sides of the aisle are urging the upper chamber’s leadership to allow a bill to be introduced...more
RPA Perspective: 2025 Medicare Fee Schedule and ESRD PPS Final Rules—Highlights for Nephrology -
The final rule for the 2025 Medicare Physician Fee Schedule was released on November 1, and the highlights from the rule...more
11/18/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Fresenius ,
Health Care Providers ,
Medical Research ,
Medicare ,
OIG ,
Organ Transplant Centers ,
Pharmaceutical Industry ,
Physician Fee Schedule ,
Physicians ,
Telehealth
The House Ways and Means Committee has postponed discussions on several healthcare bills, including those related to physician pay, due to scheduling conflicts and disagreements over legislative language. This delay affects...more
10/10/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Congressional Committees ,
Dialysis ,
Dialysis Providers ,
Health Care Providers ,
Health Insurance ,
Medical Devices ,
Medicare ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Proposed Legislation ,
Proposed Rules ,
Qualified Health Plans
As value-based care (VBC) models continue to grow across our nation’s health system and specifically within different specialties like nephrology, the costs and challenges of maintaining these models continue to rise. In...more
8/13/2024
/ Antitrust Investigations ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Kickbacks ,
Non-Compete Agreements ,
Organ Transplant Centers ,
Physician Fee Schedule ,
Private Equity ,
Spinoffs ,
Value-Based Care ,
Whistleblowers
FTC final rule banning noncompetes grandfathers existing agreements for senior execs -
The FTC voted 3-2 in favor of the final rule, which bans noncompete clauses in employee contracts in most cases. While the rule would...more
Five NJ nephrology practices combine under Northeast Kidney Care banner -
The combined company claims to be the largest independent group of nephrologists in the state, with 26 locations. ...more
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
1/17/2024
/ Data Breach ,
Department of Health and Human Services (HHS) ,
Dialysis ,
Dialysis Providers ,
Electronic Protected Health Information (ePHI) ,
ESRD ,
Fraud ,
Governor Vetoes ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Fraud ,
Healthcare Workers ,
Lobbying ,
Medicare ,
Proposed Legislation ,
Wage and Hour
Fresenius hiring Ascension Capital exec to head care delivery -
The appointment of Craig Cordola as CEO of the dialysis company’s care delivery segment takes effect Jan. 1. He was at Ascension Capital for the past six...more
11/14/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Congressional Investigations & Hearings ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Health Care Providers ,
Healthcare Workers ,
Hospitals ,
Medicare ,
Pharmaceutical Industry ,
Prescription Drugs
Federal Law increases competition in organ procurement, transplant system; NKF, ASN approve -
The President signed the bipartisan bill into law on Sept. 22. The Organ Procurement and Transplantation Network (OPTN) was...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
9/8/2023
/ Artificial Intelligence ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Justice (DOJ) ,
Dialysis ,
Dialysis Providers ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Insurance ,
Healthcare Facilities ,
Medicare ,
Merger Reviews ,
Organ Donation ,
Organ Transplant Centers ,
Partnerships ,
Rural Health Care Providers ,
Startups
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
8/7/2023
/ Business Model ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Healthcare Facilities ,
Medicare ,
Non-Compete Agreements ,
Organ Donation ,
Organ Transplant Centers ,
Spinoffs
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
6/9/2023
/ Capital Raising ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Fraud ,
Healthcare Facilities ,
Medicare ,
No-Poaching ,
Non-Compete Agreements ,
Organ Donation ,
Organ Transplant Centers ,
Private Equity ,
Proposed Legislation ,
Spinoffs
MedPAC recommends no additional increase in payments for dialysis in 2024 -
MedPAC’s report on outpatient dialysis services recommends Congress not increase Medicare payments for dialysis services next year beyond the...more
5/9/2023
/ Acquisitions ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Divestiture ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Joint Venture ,
MedPAC ,
Organ Donation ,
Restrictive Covenants ,
Trade Secrets
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
4/12/2023
/ Acquittals ,
Antitrust Violations ,
Centers for Medicare & Medicaid Services (CMS) ,
Criminal Prosecution ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Government Investigations ,
Healthcare Facilities ,
Medical Research ,
Medicare ,
Medigap ,
Organ Donation ,
Veterans Administration
Correction to our January 31, 2023 newsletter article, “Dialysis Provider Satellite Healthcare Reports Data Breach Affecting Nearly 100k Patients”:
Media Statement, Satellite Healthcare -
In January 2023, Satellite...more
Federal omnibus spending bill rolls back some Medicare payment cuts scheduled for 2023, 2024 -
Buried within the $1.7-trillion spending package signed by the President on Dec. 29 was partial relief for a planned 4.5% cut...more
1/16/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Donors ,
ESRD ,
False Claims Act (FCA) ,
Fraud ,
Fresenius ,
Health Care Providers ,
Medicare ,
Organ Donation ,
Physician Fee Schedule ,
Physician Medicare Reimbursements ,
Physicians
Benesch outlines five states with data protection laws coming into effect in 2023 -
Next year, statutes for data security and data privacy will go into effect in CA and VA on Jan. 1, while laws in CO and CT will be...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
8/3/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Congressional Committees ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Dialysis ,
Dialysis Providers ,
Food and Drug Administration (FDA) ,
Fraud ,
Healthcare Facilities ,
Healthcare Fraud ,
Medical Devices ,
Medtronic ,
Mergers ,
Organ Donation ,
Product Recalls
SCOTUS sides with OH-based medical plan in dispute with DaVita over dialysis reimbursements -
In a 7-2 vote, the Supreme Court ruled in favor of the Marietta Memorial Hospital Employee Benefit Plan in a case that hinged...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