News & Analysis as of

Healthcare Ambulatory Surgery Centers

Bradley Arant Boult Cummings LLP

Alabama CON Report - September 2024

AL2024-006, The Health Care Authority of the City of Hoover d/b/a Riverwalk Health and Wellness Center, Shelby County, AL: Proposes to develop a freestanding, non-hospital-based multi-specialty ambulatory surgery center (ASC)...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - August 2024

I. Certificate of Need Program - A. Contested Case: AL2023-022, Affinity Orthopaedic ASC, LLC, Jefferson County, AL: Proposes to develop an ambulatory surgery center (ASC) concentrating on orthopaedic surgery on the...more

Bass, Berry & Sims PLC

Healthcare Trends & Transactions Q2 2024

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Deal volume across the healthcare industry generally appears to have steadied despite headwinds. The general sentiment is that buyers have adapted to the current interest rates and are gritting their teeth and pressing...more

Polsinelli

Modifications to Georgia Certificate of Need Statute

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Georgia Governor Brian Kemp signed House Bill 1339 (the “Law”) into law on April 19, 2024. The Law revised existing provisions of the Georgia Certificate of Need statute (the “Statute”). The Law became effective July 1, 2024....more

Bass, Berry & Sims PLC

Tennessee General Assembly Continues Chipping Away at Tennessee’s CON Program

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On April 23, the 113th Tennessee General Assembly passed HB2269/SB2009, Public Chapter No. 985 (New CON Law), which significantly overhauls Tennessee’s certificate of need (CON) program for a second time less than three years...more

Bass, Berry & Sims PLC

Key Takeaways from 2024 Asembia Specialty Pharmacy Summit

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Asembia’s 20th Annual Specialty Pharmacy Summit once again brought investors and operators in the specialty pharmacy ecosystem to Las Vegas for learning sessions and networking. Bass, Berry & Sims brought a team of four...more

Mintz - Health Care Viewpoints

A Mintz Health Care Roundtable: Current Trends in State Health Care Transaction Review and What to Expect in 2024

States are increasingly exercising regulatory oversight of health care transactions by enacting laws requiring prior notice or approval of certain health care transactions. Currently, 15 states have enacted health care...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - February 2024

I. Certificate of Need Program - A. Project Modification Request - AL2022-009, East Alabama Health Care Authority d/b/a East Alabama Medical Center (EAMC), Lee County, AL: The project modification request involves a...more

McDermott+

Site Neutral Payment Policies for Ambulatory Services

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Total Medicare expenditures are projected to exceed $1 trillion in 2023 and grow at an average rate of 7.8% per year from 2025 to 2031. Federal health policymakers, including Congress, are looking for ways to rein in spending...more

King & Spalding

U.S. House of Representatives Passes Health Care Price Transparency Bill

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On December 11, 2023, the U.S. House of Representatives passed H.R. 5378, the Lower Costs, More Transparency Act (the Transparency Bill). The Transparency Bill would increase price transparency requirements for hospitals,...more

Proskauer - California Employment Law

Duck and Cover! Two New “Nuclear Verdicts” Put California Employers On Alert

The Los Angeles Superior Court has bestowed some remarkable gifts upon plaintiffs this holiday season. Two juries have issued gigantic verdicts in favor of individual plaintiffs in separate employment lawsuits within the past...more

Nelson Mullins Riley & Scarborough LLP

Expanded Behavioral Health Access, Enhanced Price Transparency, and the 340B Remedy in the CY 2024 Hospital Outpatient and...

The Centers for Medicare & Medicaid Services (CMS) has announced new measures to enhance access to behavioral health services for Medicare beneficiaries and improve hospital price transparency as part of the final rule for...more

Bass, Berry & Sims PLC

Healthcare Trends & Transactions Q3 2023

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After steadying during Q2, it appears the overall volume of deals in the healthcare industry declined in Q3 compared with Q2, and year-to-date 2023 is still down from last year. A slumping economy has no doubt played a large...more

Ankura

Four Lessons for Health Systems From the Private Equity Playbook

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The value of private equity (PE) deals in the healthcare sector has grown from <$2B in 2001 to $151 billion in deals in 2021. Barring government intervention, PE in healthcare is here to stay....more

Bass, Berry & Sims PLC

OIG Approves Paying Employed Physicians Profits from ASCs Operated by Employer

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On October 13, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion 23-07, approving a physician practice’s proposal to pay its physician-employees a portion of the...more

Ankura

Emerging Trends in Healthcare Mergers & Acquisition

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The healthcare industry is no stranger to mergers and acquisitions (M&A). Over the years, consolidation has played a significant role in reshaping the healthcare landscape, driven by factors such as regulatory changes,...more

Sheppard Mullin Richter & Hampton LLP

OIG Confirms the Broad Protection of Employee Safe Harbor

Late last week, the Department of Health and Human Services Office of the Inspector General (“OIG”) posted Advisory Opinion No. 23-07 affirming the broad protection available for compensation to employed physicians under the...more

Robinson+Cole Health Law Diagnosis

Advisory Opinion 23-05: OIG Warns Sanctions Would Likely be Issued in Response to Certain Proposed Contractual Joint Venture

On August 18, 2023, the Office of Inspector General (OIG) published Advisory Opinion 23-05 (Advisory Opinion), in which the OIG warned that it would likely issue sanctions under the Federal anti-kickback statute (AKS) if a...more

Bass, Berry & Sims PLC

Expect the Expected: OIG Remains Suspicious of Suspect Contractual Joint Ventures in Advisory Opinion Involving IONM Industry

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On August 18, the U.S. Department of Health and Human Services Office of Inspector General (OIG) published Advisory Opinion 23-05, finding that an entity’s proposal to facilitate referring surgeons’ ownership of turnkey...more

Bass, Berry & Sims PLC

Healthcare Trends & Transactions Q2 2023

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The healthcare M&A market appears to be steadying. Although deal activity through the year appears slightly below the high-water marks for the corresponding period of 2022, deal activity is generally up from the first quarter...more

Nelson Mullins Riley & Scarborough LLP

South Carolina Sunsets Certificate of Need Law

On May 3, 2023, the South Carolina General Assembly passed S.164 which overhauled the state’s Certificate of Need (CON) law. The bill was signed by Governor McMaster on May 16, 2023 and is now in effect....more

Mintz - Health Care Viewpoints

Health Care Deal Structures: What Will the Deal Look Like?

Deal structure is the foundation of a health care transaction. This post offers practical tips and hypothetical case studies for laying the groundwork for a successful health care transaction....more

Bass, Berry & Sims PLC

Healthcare Transactions Q2 2022

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With some exceptions, healthcare M&A activity is down this year compared to the record-breaking highs of 2021. Those exceptions include the hospital sector, which is still seeing fewer but significantly larger (i.e., billion...more

Ankura

How To Claim Healthcare Market Share on the Verge of Certificate of Need Irrelevancy

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Certificate of Need (CON) regulations are in flux in many states. Health systems must prepare to lose the market share protection that regulations have provided for decades. It is time to pivot to an offensive approach to...more

Robinson+Cole Health Law Diagnosis

Connecticut Repeals Tax on Ambulatory Surgical Centers

On May 7, 2022, Connecticut Governor Ned Lamont signed into law the state’s fiscal year 2023 budget (HB5506), which includes the elimination of certain taxes on ambulatory surgical centers (ASCs) in Connecticut. Since October...more

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