Health Law Observer
Timely insights and legal commentary on various health care issues and developments surrounding regulations, employment, transactions and a range of key industry matters. This blog is maintained by the Health Care Department of Stevens & Lee.
This review-and-repeal effort prioritizes the evaluation of the lawfulness of existing regulations in light of 10 recent U.S. Supreme Court decisions.
The RFI invites public comment on issues or concerns regarding regulations that can operate to exclude new market participants, protect dominant incumbents and predetermine economic winners and losers.
The formation of the Task Force comes just weeks after the Commission issued guidelines explaining how it will assess whether business practices affecting workers violate the antitrust laws.
Organizations employing qualified first responders should remain mindful of the upcoming change and be prepared to address claims arising from qualifying traumatic events.
Medicare, Medicaid and other federal health care program providers and suppliers can anticipate changes and potential delays in regulatory, enforcement and compliance actions.
While certain laws and regulations do not expressly permit a CRNP to own and operate their own medical practice, they do leave open enough room for a CRNP to do so.
The formation of the Task Force comes just weeks after the Commission issued guidelines explaining how it will assess whether business practices affecting workers violate the antitrust laws.
Urgent care centers must now accommodate Pennsylvania's Newborn Protection Act through policies, training and updates to its premises.
Notably, this case emphasizes that claims alleging anticompetitive conduct must show anticompetitive harm, not just intent behind the conduct.
The ruling in this case makes it more difficult for the government or whistleblower to prove a False Claims Act violation in the presence of an Anti-Kickback Statute violation and to recover damages.
A report was issued regarding an RFI seeking public comment on transactions involving health care providers, facilities or ancillary products or services.
The FTC’s proposed Consent Order would have Welsh Carson give advance notice prior to pursuing transactions involving anesthesia businesses and hospital-based physician practices nationwide.
We outline common post-closing items that former owners and their advisors should consider as they develop plans and strategies for 2025.
In its brief, the FTC asserts that the Federal Trade Commission Act grants it authority to issue substantive rules defining unfair methods of competition, including the ban on noncompetes.
It is imperative that HCPs, MAOs, agents, brokers and others carefully structure their relationships to ensure compliance with federal laws.
Compliance requires not just a review of the Final Rule, but revised policies and procedures, updated personnel training and effective implementation.
In their assessments, FTC commissioners explained the Guidelines relied on outdated policy statements and analysis and risked creating unwarranted safe harbors.
The CMS Acute Hospital Care at Home Individual Waiver allows hospitals to provide care to certain patients in their homes. Earlier this year, New Jersey passed legislation to expand this program.
The FTC has argued on appeal that a district court impermissibly divested the commission of its core statutory authority to prevent the use of unfair methods of competition.
Beginning in 2027, failure to file the Annual Report will ultimately subject the entity to administrative dissolution, termination or cancellation and loss of the protection of its name.
Responding to commentary from the American Hospital Association, the FTC concludes that there is no basis to excuse hospitals or health systems from any of the new requirements of the Final Rule amending premerger notification requirements.
Following a nationwide injunction on the FTC’s ban on noncompete agreements, appeals courts – and likely the Supreme Court – will rule on the critical issues underpinning the validity of FTC authority.
The Supreme Court held in this key case that to be liable under the Anti-Kickback Statue, a defendant’s conduct must be knowingly and willfully unlawful.
The FTC recently sued the three largest pharmacy benefit managers alleging that they engaged in practices of retaining lucrative rebates on highly priced insulin medications and influenced patients to engage in treatment involving expensive drug products.