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Mixing Medicine and Risk: Ohio’s Joint Regulatory Statement Targets Retail IV Therapy Clinics

On May 15, 2025, the State Medical Board of Ohio, the Ohio Board of Pharmacy and the Ohio Board of Nursing (collectively, the “Boards”) jointly issued a significant regulatory statement (the “Statement”) clarifying the legal...more

Stringent Federal Staffing Requirements for Skilled Nursing Facilities No Longer in Play

On April 7, 2025, a Federal District Court in Texas vacated the controversial Centers for Medicare and Medicaid Services (“CMS”) proposal to require specific staffing requirements in skilled nursing facilities (“SNFs”).[1]...more

You’ve Got A Friend In Me: House Bill 236 Requires Providers to Accommodate Patient’s Chosen Advocates

Stemming from concerns raised during the COVID pandemic, the Ohio General Assembly recently passed House Bill 236, dubbed the “Never Alone Act,” (“Act”) which became effective March 20, 2025. The law requires a wide range of...more

Medicare Telehealth Flexibilities Extended, but Without Promise of Permanent Solution

Through a recent stopgap funding bill, Congress has extended several telehealth-related flexibilities that are critical for Medicare beneficiaries and providers until September 30, 2025. As we previously reported, the...more

Significant Non-Compete Restrictions May Be Coming to the Buckeye State

Ohio may be the next state to place restrictions on non-competition provisions in employment agreements for employers, including healthcare providers. Ohio Senators Bill Blessing (R-Colerain Township) and Bill DeMora...more

Medicare Telehealth Flexibilities Extended Through March 2025

Earlier this month, Dinsmore provided a notice to clients that several telehealth flexibilities for Medicare beneficiaries were set to expire on December 31. However, on December 20, Congress passed the American Relief Act,...more

Is the End Near? Medicare Telehealth Flexibilities Set to Expire at the End of the Year

The temporary telehealth flexibilities that Medicare patients and providers have become accustomed to since the COVID-19 pandemic are set to expire December 31, 2024. The Consolidated Appropriations Act of 2023 extended many...more

CMS Extends Deadline for Skilled Nursing Facilities to Complete Off-Cycle Revalidations

To implement its November 2023 final rule on ownership transparency for skilled nursing facilities (“SNFs”), the Centers for Medicare and Medicaid Services (“CMS”) has updated its Medicare enrollment application for...more

Texas Court Revives Viability of Healthcare Non-Competes

On August 20, 2024, the United States District Court for the Northern District of Texas blocked the Federal Trade Commission's ("FTC") rule that would have banned most existing non-compete agreements and prohibited new ones,...more

Pennsylvania Court Rules Non-Compete Ban Can Stand

In another update to the Federal Trade Commission’s (the “FTC”) Non-Compete Ban (the “Rule”), a federal judge in Pennsylvania ruled against ATS Tree Services, LLC v. Federal Trade Commission, et al. denying ATS’ motion for a...more

Data Breaches and Your Smart Watch: FTC Expands the Reach of the Health Breach Notification Rule

Effective July 29, 2024, the Federal Trade Commission (“FTC”) has issued a final rule that expands the scope of its existing Health Breach Notification Rule (“HBNR”) to include health and wellness applications (“apps”)...more

New Penalties Loom for Blocking Access to Patient Health Data

On July 1, 2024, the U.S. Department of Health and Human Services (HHS) released a final rule outlining financial penalties, referred to as “disincentives” throughout the rule, for healthcare providers that engage in conduct...more

Court Blocks FTC's Non-Compete Rule for Plaintiffs

Businesses throughout the United States have been monitoring the lawsuit filed by Ryan LLC, which challenges the legality of the Federal Trade Commission’s ("FTC") Non-Compete Rule (the “Rule”). The Rule is scheduled to take...more

Risky Business: OSHA Investigation Warns Healthcare Providers of Liability for Patient Assaults

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently cited Circles of Care, Inc., a Florida behavioral health company, for failing to provide a workplace free of recognized hazards....more

Ohio Set to Enter the Dentist and Dental Hygienist Compact and End “Unethical” Dental Insurance Practices

Recently, the Ohio General Assembly passed a bill, Substitute S.B. 40, which will enter Ohio as a party to the new Dentist and Dental Hygienist Compact, and ultimately allow dentists and hygienists practicing in other compact...more

Department of Health and Human Services Aligns Substance Use Disorder Privacy Rules with HIPAA Standards

Recently, modifications announced by the Department of Health and Human Services (“HHS”) to 42 C.F.R. Part 2 (“Part 2”) rules governing Confidentiality of Substance Use Disorder (“SUD”) Patient Records went into effect. This...more

Questions Abound in the Healthcare Industry after Federal Trade Commission Bans Non-Competes

On April 23, 2024, the Federal Trade Commission (“FTC”) voted to issue a final rule banning non-compete provisions in most industries in the United States (“Final Rule”). Dinsmore attorneys were quick to publish the details...more

Proposed CMS Rules Would Impose More Stringent Staffing Requirements on Long-term Care Facilities

The Centers for Medicare & Medicaid Services (“CMS”) proposed rules in September of 2023 which would establish federal staffing requirements for Medicare and Medicaid certified long-term care facilities. The rules are part...more

FTC and DOJ Take Key Actions with Antitrust Guidance Affecting Healthcare

This year, the Federal Trade Commission (the “FTC”) and the Department of Justice (the “DOJ”) have been modifying antitrust guidance related to healthcare, and recently enacted three notable changes. First, the FTC and DOJ...more

Doors Open for Public Nursing Home Litigation?

The United States Supreme Court has held an individual’s private right of action to sue a public nursing home for violations of federally protected rights in Health and Hospital Corporation of Marion County v. Talevski. The...more

CMS Updates Guidance and Survey Process for Home Dialysis Services in Nursing Homes

On March 22, 2023, the Centers for Medicare & Medicaid Services (“CMS”) updated its guidance and survey process for home dialysis services in nursing homes. The updated guidance is based on comments, questions, and feedback...more

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