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.

doctor's white coat

Materiality Scrapes in Health Care Transactions: Why They Matter More Than You Think

Materiality scrapes in health care transactions are extraordinarily meaningful to a seller’s potential post-closing financial exposure.
stethoscope and money

Management Fee Structures and the Corporate Practice of Medicine

Management fee arrangements with MSOs can take several forms depending on a specific state’s corporate practice of medicine compliance.

New Jersey’s New Privacy Law Changes the Playing Field: Is Your Business Ready?

Unlike many privacy laws that apply only to businesses processing large volumes of personal data, this new law applies broadly and can impact organizations regardless of size.

AI Use in Health Care Investigations: Privilege Risks After Heppner

Heppner underscores that using public AI tools with health care organization information may be considered as disclosure to a third party.
doctor's white coat

Delaware Passes Physician Assistant/Associate Independent Practice Law

This legislation is intended to expand practice opportunities for PAs in Delaware as well as increase access to health care for Delaware residents.

New Jersey Licenses and Regulates Mobile Integrated Health Programs

New Jersey recently licensed its first Mobile Integrated Health program, allowing licensed paramedics and EMTs to deliver non-emergency clinical services to patients in their homes.

Indictment of Osteopathic Physician Signals Shift in Peptide Enforcement

A recent uptick in enforcement from federal agencies against medspa prescribers aligns with the administration’s heightened commitment to prosecuting the distribution of unapproved products.

Deferred Consideration in Physician Practice Sales

Earnouts and other forms of deferred consideration can be useful tools in physician practice transactions so long as risks for post-closing disputes and regulatory exposure are addressed.

Effective April 1, 2026: New Jersey Law Permits Proposed Guardians to File Prior to a Minor’s 18th Birthday

A significant and distinct permission under New Jersey’s guardianship statute for initiating an application for adult guardianship becomes effective on April 1, 2026.
Doctor holding an hourglass

CMS Soon Ending COVID Flexibilities for Clinical Labs

CMS’ latest memo announced that additional flexibilities affecting CLIA-certified laboratories will end as of March 23, 2026.

Hospitals Beware – Mandatory Provider-Based Attestations Are Back

Effective Jan. 1, 2028, no payment under the Medicare Outpatient Prospective Payment System will be made for items or services furnished by an off-campus provider-based department of a hospital unless certain billing requirements are met.
Contract on table

Navigating Noncompete Carve-Outs in Employment Agreements: Key Considerations for Health Care Providers

Employment agreements with hospitals, clinics or large health systems frequently include restrictive covenants that could inhibit a provider in pursuing his or her professional ambitions.
Judge's gavel with clock and calendar on table

Deadline Approaching: Part 2 Substance Use Disorder Treatment Records Privacy Regulations

By the Feb. 16, 2026 compliance deadline, entities subject to the Part 2 regulations must update their policies, procedures and forms to comply with Final Rule regulatory changes.

New Jersey’s Corporate Practice of Medicine and Its Impact on Medical Spas

Understanding New Jersey’s Corporate Practice of Medicine can aid health care professionals in successfully owning and operating a medical spa or similar type of provider.
Test Tubes for Clinical Trial

New Pennsylvania Clinical Laboratory Guidance Updates Lab Supervision Requirements

We examine key updates to laboratory supervision and oversight standards, among other changes, and their impact on Pennsylvania clinical laboratories.

GLP-1 Weight Loss Drug Enforcement in 2025: State Attorneys General Step into a Growing Regulatory Gap

State regulators are using consumer protection law, unfair trade practice statutes and public health authority to intervene in GLP-1 distribution channels that operate outside the bounds of federal drug law.
Shelf filled with manila folders

2026 Deadline Looms for Compliance with Updated Part 2 Regulations Regarding Patient Data Protections

Part 2 is applicable to records related to the identity, diagnosis, prognosis or treatment of any individual in a federally assisted substance use disorder program.

Innovation and Privacy Protection: Managing Third-Party Risks in Data-Driven Health Care

Health care providers must examine their digital ecosystems carefully to ensure compliance, mitigate data risks and maintain public trust.
Metal wheels spinning

The OIG’s Seven Elements of an Effective Compliance Program

In a medical practice, building an effective compliance program means nurturing a culture of accountability and trust among all staff.

CMS Halts Survey and Certification Activities During the Federal Government Shutdown

The ongoing Shutdown is anticipated to significantly delay actions that require CMS certification and should therefore be taken into consideration when planning for any current or future projects.

When Compliance Becomes an M&A Dealbreaker: DOJ and OIG Guidance for Health Care M&A

Federal agencies have M&A in their sights as they continue to emphasize accountability, individual liability and program integrity in health care.

Expired Federal Telehealth Waivers: Key Changes in Medicare Reimbursement Requirements for Telehealth Providers

By remaining compliant with key telehealth delivery standards, telehealth providers can avoid or mitigate exposure from changes in reimbursement requirements from Medicare.
FTC Definition in a book

FTC and DOJ Issue Annual HSR Report Detailing Merger Review

We break down health care sector highlights and FTC merger enforcement actions reported in the 2024 fiscal year.
Metal wheels spinning

Enforcement of Prohibition on Interlocking Directorships Remains an FTC Priority

The FTC made clear its continued commitment to enforcing Section 8 of the Clayton Act, which prohibits directors and officers from serving simultaneously on the boards of competitors.
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