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
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: AKS claims against Azura dropped; FCA allegations to continue with DOJ intervention -
The DOJ filed an Amended Intervenor Complaint in Aug. alleging between 2012 and 2018, Fresenius Medical Care’s business unit,...more
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
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
Benesch: SCOTUS decisions on COVID-19 vaccine mandates have repercussions for employers, healthcare facilities
The Supreme Court decided two cases relating to COVID-19 vaccination mandates. In the first case, SCOTUS ruled...more
2/4/2022
/ Acquisitions ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Dialysis ,
Dialysis Providers ,
Employer Mandates ,
Infectious Diseases ,
OSHA ,
Physician Medicare Reimbursements ,
Vaccinations ,
Workplace Safety
Benesch reviews state, federal modifications to restrictive covenant laws -
In a “Year-End Review,” Benesch points out there was considerable activity in trade secret and restrictive covenant law in 2021. Some of the...more
1/12/2022
/ American Medical Association ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Contract Terms ,
Dialysis Providers ,
Employment Contract ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Hospitals ,
Medical Research ,
Non-Compete Agreements ,
Organ Transplant Centers ,
Physicians ,
Restrictive Covenants ,
State and Local Government ,
Surprise Medical Bills
Benesch: FTC to more stringently enforce PHR breaches by apps, connected medical devices -
The FTC issued a policy statement to provide guidance to developers of health apps and connected medical devices and how they’re...more
10/7/2021
/ Antitrust Litigation ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Dialysis ,
Electronic Protected Health Information (ePHI) ,
Employer Mandates ,
Organ Transplant Centers ,
PHI ,
Private Equity ,
Telemedicine ,
Vaccinations
Industry players agree on need for quality assurance but believe CMS’ QIP program for ESRD care delivery flawed -
The ESRD Quality Incentive Program (QIP) implemented by CMS provides a payment penalty of up to 2% for...more
DaVita, former CEO indicted in federal market collusion case -
DaVita and the company’s former CEO, Kent Thiry, were alleged to have conspired with Surgical Care Affiliates to suppress competition for senior-level...more
OSHA introduces mandatory workplace rule to protect healthcare workers from COVID
The Occupational Safety and Health Administration (OHSA) issued an emergency temporary standard (ETS) that sets out how it wants workplaces...more
Former CMS administrator Seema Verma joins Monogram Health’s board -
Seema Verma was the CEO of health policy firm SVC when she was tapped by the Trump Administration to act as administrator of CMS, a position she held...more
5/6/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Class Action ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Dialysis Providers ,
Environmental Social & Governance (ESG) ,
Federal Funding ,
Medicare ,
Medicare Advantage ,
No-Poaching ,
Settlement ,
Startups ,
Value-Based Care
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
3/24/2021
/ Antitrust Violations ,
Centers for Medicare & Medicaid Services (CMS) ,
CIGNA ,
Dialysis ,
Dialysis Providers ,
Healthcare Facilities ,
Medical Research ,
Regulatory Requirements ,
Settlement ,
Sutter Health ,
Telemedicine
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
3/15/2021
/ Acquisitions ,
American Medical Association ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Health Insurance ,
Healthcare Facilities ,
Joint Venture ,
Medicare ,
Mergers ,
Organ Donation ,
Pharmaceutical Industry ,
Private Equity ,
Proposed Legislation
IRC completes acquisition of kidney care provider ARA -
In Oct., it was revealed that Franklin, Tenn.-based Innovative Renal Care (IRC), an affiliate of equity firm Nautic Partners, would purchase American Renal...more