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Aggressive FTC Enforcement Creates Challenges for Health Care Dealmaking

On Sept. 21, 2023, the Federal Trade Commission (FTC) sued U.S. Anesthesia Partners, Inc. (USAP) and its private equity sponsor, Welsh, Carson, Anderson & Stowe, asserting they crafted a “multi-year anticompetitive scheme” to...more

HHS Hits Nation’s Largest Public Health Plan with Severe Corrective Action Plan

Paying the $1.3 million fine is the easy part. Complying with the CAP is a different undertaking. On Sept. 11, 2023, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced an...more

Will Severability Rescue the Affordable Care Act? If Not, What Comes Next?

Health care policy and business face consequential times ahead, with Election Day Nov. 3 and a challenge to the Affordable Care Act (ACA) being heard before the Supreme Court on Nov. 10. In February 2018, two months after...more

Trends in Health Care Business: Navigating a Brave New World

With states and localities loosening restrictions across the country, health care businesses have returned to something closer to normal, perhaps refining the “new normal” as they adapt. Health care services previously deemed...more

The PPP Safe Harbor: What Happens After May 14?

As part of its ongoing effort to provide guidance on how the Paycheck Protection Program (“PPP”) is supposed to work, the Small Business Administration (“SBA”) has been issuing “Frequently Asked Questions” or “FAQs.” While...more

Federal Coronavirus Spending and the False Claims Act: A Gathering Storm

We are “at war” with the coronavirus, and the country has increasingly adopted a quasi-wartime crisis footing. While people are doing everything they can to save their businesses, it’s important to make sure they are setting...more

Ballot Boxes Driving Policy, With Big Business Implications

Voters have begun to receive and complete their ballots around the country as election season reaches full swing, with dramatic implications for businesses, industries and the economy as a whole. At the federal level,...more

TELEMEDICINE – Potential Expansion With Proposed Federal Legislation

Adoption of telehealth and alternative delivery methods is growing and could alter the health care delivery landscape, but it is still in the early stages. While there are risks that telehealth and alternative delivery...more

Driving Health Care Efficiencies: Consolidate and Innovate, But Proceed with Caution

Despite the U.S. substantially outspending peer high-income nations with almost 18 percent of GDP dedicated to health care, on any number of statistical measurements from life expectancy to birth rates to chronic disease, the...more

The FCC to Propose Major Changes to Its Rural Health Care Funding Programs

The Federal Communications Commission (FCC) is launching a major revision to its Rural Health Care (“RHC”) subsidy programs. These revisions would address two main issues, the level of funding and ways to make the programs...more

New Legislation Offers Major Reforms to the Physician Self-Referral Prohibition (the 'Stark Law')

Last week, bipartisan legislation was introduced in the House and Senate to make significant reforms to the Stark Law, which bars a physician from referring patients to an entity with which the physician has a financial...more

Telemedicine on the Rise: Increased Deployment by Veterans Administration, MACRA, Plus Potential Expansion Under Legislative...

Telemedicine has the potential to disrupt the health care delivery system by providing access to care at a lower cost than face-to-face visits. Telemedicine incorporates remote communications into the provision of health care...more

Achieving Health Care Efficiencies through Consolidation and Alternative Models: Irreconcilable Differences?

While debate rages on Capitol Hill over “repeal and replace,” only limited attention has been directed toward reforming the current “fee for service” model. Indeed, both the Affordable Care Act (“ACA”) and proposals for its...more

Colorado Supreme Court Protects Quality Management Privilege for CDPHE-Licensed Providers

Colorado hospitals and other licensed and certified health care facilities scored a significant victory on October 14, when the Colorado Supreme Court issued its en banc ruling in Simpson v. Cedar Springs Hospital, Inc. (2014...more

OIG Issues Proposed Rules Providing for New AKS Safe Harbors, CMP Changes

In the October 3 Federal Register (79 FR 59717), the Office of Inspector General (“OIG”) of the Department of Health and Human Services (“HHS”) published a proposed rule that would amend the safe harbor regulations to the...more

Independent Hospitals Innovating, Finding New Partnerships in Response to Market Pressures

Standard & Poor’s (S&P) Rating Services recently warned the health care sector was at “a tipping point where negative forces have started to outweigh many providers’ ability to implement sufficient countermeasures.” S&P noted...more

The Reformed Health Care Industry: Creative Structures and Alliances Can Yield Great Benefits, but Also Great Risks

Since the Affordable Care Act (the “ACA”) was enacted in 2010, the health care industry has been on the edge of its proverbial seat waiting to see which care delivery models are best suited to sustain all the changes: to...more

Driving Health Care Efficiencies through Consolidation: Despite Reforms, The Usual Rules Apply

With almost 18 percent of U.S. GDP spent on health care, experts see consolidation as fundamental to reducing costs—by integrating care coordination and delivery, and by increasing scale to drive efficiencies, including with...more

Halifax Pays $85 Million to Resolve Improper Physician Compensation Arrangement Claims Brought by Employee-Whistleblower

Since January 2009, the DOJ has recovered more than $13.4 billion through False Claims Act cases involving fraud against federal health care programs, and last month, Halifax Hospital Medical Center and Halifax Staffing, Inc....more

Third Party Valuation No Silver Bullet in Health Care Deals

Drakeford v. Tuomey and U.S. vs. Bradford Regional Medical Center - With the Affordable Care Act and market forces driving consolidation and creative transactions across the health care industry, health care...more

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