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Dialysis & Nephrology Digest - November 2023

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

Dialysis & Nephrology Digest - October 2023

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

Dialysis & Nephrology Digest - September 2023

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

Dialysis & Nephrology Digest - August 2023

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

Dialysis & Nephrology Digest - July 2023

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

Dialysis & Nephrology Digest - June 2023

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

Dialysis & Nephrology Digest - May 2023

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

Dialysis & Nephrology Digest - April 2023

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

Dialysis & Nephrology Digest - March 2023

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

Dialysis & Nephrology Digest - January 2023 #2

Benesch: Changes to state laws mean IL employers should review their employment practices - In IL, legislation affecting workplaces went into effect at the beginning of the year, including: ..The minimum wage was...more

Dialysis & Nephrology Digest - January 2023

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

Dialysis & Nephrology Digest - December 2022

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

Dialysis & Nephrology Digest - November 2022

Benesch: DOL proposed rule aims to clarify independent contractor classification - The Department of Labor (DOL) proposes changes to the Fair Labor Standards Act to clarify the difference between an independent contractor...more

Dialysis & Nephrology Digest - October 2022

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

Dialysis & Nephrology Digest - September 2022

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

Dialysis & Nephrology Digest - August 2022

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

Dialysis & Nephrology Digest - July 2022

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

Dialysis & Nephrology Digest - June 2022

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

Dialysis & Nephrology Digest - May 2022

Denver jury acquits DaVita, former CEO, of all charges in antitrust trial - After two days of deliberations, a Denver jury found DaVita and former CEO Kent Thiry not guilty of all charges relating to charges they...more

Dialysis & Nephrology Digest - April 2022

SCOTUS questions appear to support DaVita’s position in dialysis care discrimination case - Private plans are supposed to provide coverage for dialysis for the first 30 months before the patients can transition to...more

Dialysis & Nephrology Digest - March 2022

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

Dialysis & Nephrology Digest - February 2022

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

Dialysis & Nephrology Digest - January 2022

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

Dialysis & Nephrology Digest - December 2021

SCOTUS to consider case alleging private plan’s ESRD coverage violates MSPA - The Supreme Court agreed to hear the case of Marietta Memorial Hospital Employee Health Benefits Plan v. DaVita, which alleges a private...more

Dialysis & Nephrology Digest - November 2021

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

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