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New CMS Rules Are Reshaping DMEPOS Deals

On Jan. 1, 2026, several significant changes from the Centers for Medicare & Medicaid Services (CMS) took effect for suppliers of Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS). A key change is the...more

Understanding Congress’ Latest Extension of Medicare Telehealth Flexibilities

On Feb. 3, 2026, President Donald Trump signed into law the FY 2026 appropriations bill, the Consolidated Appropriations Act of 2026, which extends pandemic-era Medicare telehealth flexibilities through Dec. 31, 2027....more

Georgia and Ohio Hospice Providers Should Prepare for CMS Enhanced Oversight, Prepayment Review

Hospice providers in Georgia and Ohio should take proactive steps now to minimize operational disruption and denial risk from new scrutiny ordered in December 2025 by the Centers for Medicare & Medicaid Services. CMS...more

OIG Solicits Proposals for AKS Safe Harbors and Special Fraud Alerts

The Office of Inspector General (OIG) of the Department of Health and Human Services (HHS) is accepting public proposals for new or modified safe harbor provisions under the Federal Anti-Kickback Statute, as well as...more

New California Laws Increase Scrutiny on Healthcare Deals

On Oct. 6 and 11, 2025, California Gov. Gavin Newsom signed into law two pieces of legislation that will impact the healthcare transaction landscape. These laws codify corporate practice of medicine (CPOM) guidance and add...more

OIG Issues Remote Patient Monitoring Report: Billing Pitfalls and Compliance Risks

On August 25, 2025, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) issued a report analyzing Medicare billing practices for remote patient monitoring (“RPM”) services during 2024. As RPM...more

FTC Employer-Employee Noncompete Warning Letters: Must-Knows for Healthcare Employers and Staffing Firms

On Sept. 10, 2025, the FTC announced the issuance of warning letters to large healthcare employers and staffing firms concerning the use of noncompete clauses in employer-employee contracts. In the warning letters, FTC...more

FTC Shifts Enforcement Strategy on Noncompete Agreements

The Federal Trade Commission signaled a shift in the agency’s enforcement strategy concerning employer-employee noncompete agreements with several announcements on Sept. 4 and 5, 2025. The FTC stated it will no longer defend...more

CMS Proposes Reimbursement Changes for Remote Patient Monitoring

On July 14, 2025, the Centers for Medicare & Medicaid Services (CMS) issued the 2026 Medicare Physician Fee Schedule (PFS) Proposed Rule (PFS Proposed Rule). The PFS Proposed Rule proposes to reduce requirements for several...more

Seventh Circuit Allows Percentage-Based Marketing Relationship

On April 14th, 2025, the U.S. Court of Appeals for the Seventh Circuit reversed the Anti-Kickback Statute (AKS) conviction of Mark Sorensen, the owner and operator of a Medicare-registered durable medical equipment...more

Marketing, Misconduct and Healthcare: Ninth Circuit Issues First EKRA Appellate Ruling

On July 11, 2025, in United States v. Schena, the U.S. Court of Appeals for the Ninth Circuit issued the first appellate decision interpreting the Eliminating Kickbacks in Recovery Act (“EKRA”). The decision marks a...more

$18.5 Million DOJ Settlement On Free Housing For Substance Abuse Patients

On June 26, the Department of Justice announced an $18,500,000 settlement agreement with NUWAY Alliance (NUWAY), a substance use disorder treatment clinic, arising out of medical necessity and kickback allegations. ...more

DOJ Targets Remote Patient Monitoring Company in $1.29M FCA Settlement

Remote patient monitoring (“RPM”) continues to see increased growth and evolution. With that industry growth, the government has begun to examine whether certain RPM models may have fraud and abuse concerns when others will...more

DOJ and HHS Reestablish False Claims Act Working Group, Delineate Healthcare Enforcement Priorities

On July 2, 2025, the U.S. Department of Justice (DOJ) and U.S. Department of Health and Human Services (HHS) announced the reestablishment of the DOJ-HHS False Claims Act Working Group. Originally formed in December 2020 at...more

OIG Approves Multi-MSO Telehealth Arrangement That Meets AKS Safe Harbor

On June 6, 2025, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a favorable advisory opinion concerning a proposed telehealth staffing and services arrangement involving a management...more

Texas Further Restricts Healthcare Non-Compete Agreements

Texas has taken another significant step in limiting non-compete agreements within the healthcare sector. On June 20, 2025, Gov. Greg Abbott signed Senate Bill 1318 (“SB 1318”), which amends and adds new sections to the...more

Oregon Enhances Restrictions on Corporate Practice of Medicine

On June 9, 2025, Oregon Senate Bill 951 (SB 951) was officially signed into law, significantly strengthening the state’s prohibition on the corporate practice of medicine. SB 951 restricts how professional medical practices...more

Insights From the 21st Annual McGuireWoods Healthcare Private Equity and Finance Conference: Part 1

McGuireWoods held its 21st Annual Healthcare Private Equity and Finance Conference in Chicago, May 13-15, 2025. This premier conference brought together leading healthcare investors, lenders, executives, consultants and...more

HHS Dear Colleague Letter Outlines Nondiscrimination Requirements for Medical Schools

On May 6, 2025, the U.S. Department of Health and Human Services (HHS) issued a Dear Colleague Letter on Nondiscrimination Requirements for Medical Schools on the Basis of Race, Color, and National Origin pursuant to Students...more

Fifth Circuit Concurrence Adds Voice to FCA Constitutionality Questions

A first appellate circuit judge has questioned the False Claim Act’s constitutionality. In the Fifth Circuit’s decision last month in United States ex rel Montcrief v. Peripheral Vascular Assocs., P.A., No. 24-50176, — F....more

New Administration Antitrust Push: DOJ, FTC to Identify Anticompetitive Government Regulations and Labor-Related Practices

In recent weeks, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission (FTC) launched task forces that target potential barriers to competition created by government regulators and private-sector...more

California Legislature Reconsiders Bills Scrutinizing Healthcare Investors

Recently, the California Legislature introduced two bills that may impact private equity healthcare investments in the state, including formalizing corporate practice restrictions and requiring advance notice for certain...more

First Circuit Adopts “But For” AKS Standard, Leaving Third Circuit Alone in Causal-Link Standard

On Feb. 18, 2025, the U.S. Court of Appeals for the First Circuit adopted the “but for” causality standard for violations of the federal Anti-Kickback Statute (AKS) that give rise to violations of the federal False Claims Act...more

CMS Opinion Offers Guidance on Relocation of Physician-Owned Hospitals

On Feb. 26, 2025, McGuireWoods successfully assisted a physician-owned hospital in obtaining a favorable advisory opinion from the Centers for Medicare & Medicaid Services (CMS) regarding its proposal to relocate the entire...more

CMS Nearly Doubles Prior Stark Self-Disclosure Dollar Record in 2024

The Centers for Medicare & Medicaid Services (CMS) recently released data on its 2024 settlements of voluntary self-disclosures related to past violations or potential violations of the physician self-referral law (the Stark...more

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