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.
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The FTC filed suit alleging that U.S. Anesthesia Partners, Inc. and the private equity firm Welsh, Carson, Anderson & Stowe, which created USAP, executed a multi-year anticompetitive scheme to consolidate anesthesiology practices in Texas, drive up the price of an
We discuss rebuttal evidence that merging parties may offer to show that no substantial lessening of competition is threatened by the proposed merger.
The workshops are aimed at promoting a “dynamic discussion” about the draft guidelines to complement the comments currently being submitted.
The OIG opinion is significant in that it again illustrates how the OIG may treat business arrangements with characteristics of a contractual joint venture as prohibited arrangements.
This post walks through a few of the requirements for the resident’s written agreement upon admission to a New Jersey assisted living residence.
This post provides additional detail as to how some of the 13 specific guidelines in the Proposed Guidelines are likely to be applied by the Agencies, especially as they are likely to impact mergers involving health care systems.
These efforts aim to permit health care entities to provide wellness programs to assist physicians and other clinicians seeking help for their mental health.
The DOJ and FTC jointly issued a draft update of their Merger Guidelines intended to describe and guide the Agencies’ review of mergers and acquisitions to determine compliance with federal antitrust laws.
The Federal Trade Commission announced that it was withdrawing two antitrust policy statements related to enforcement in health care markets.
The Patient Safety Act proposes specific patient-to-nurse staffing ratios, staffing plans and reporting requirements for Pennsylvania hospitals, as well as protections for nurses in noncompliant hospitals.
New Jersey’s First Hospital-Based Supportive Housing Opened Via Pioneering State Partnership Program
Barclay Place is a 56-unit housing community where supportive services are offered by St. Joseph’s Health.
The key question is a burden of proof question because it involves the definition of the term “remuneration,” without which there can be no AKS violation.
The key question is a burden of proof question because it involves the definition of the term “remuneration,” without which there can be no AKS violation.
The key question is a burden of proof question because it involves the definition of the term “remuneration,” without which there can be no AKS violation.
In a unanimous decision, the U.S. Supreme Court ruled that the False Claims Act’s scienter element refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed.
The Final Rule addresses three Interim Final Rules with Comment implemented during the COVID-19 Public Health Emergency.
In a unanimous decision, the U.S. Supreme Court ruled that the False Claims Act’s scienter element refers to a defendant’s knowledge and subjective beliefs — not to what an objectively reasonable person may have known or believed.
The Amendment was enacted as a measure in response to private equity investment in health care and to address a perceived lack of oversight and regulation of private investment in Healthcare Entities.
On May 23, the D.C. District Court issued an order granting LCMC’s request to have the case transferred.
Regarding inpatient admissions specifically, CMS’ Final Rule confirms that the two-midnight condition set forth in the traditional Medicare regulations applies likewise to MA coverage requirements.
The Sixth Circuit issued an order denying the request for a rehearing of a case involving a hospital’s decision not to hire an ophthalmologist in return for a general commitment of continued surgery referrals from another ophthalmologist.
On May 1, CMS issued guidance regarding the May 11 expiration of the COVID-19 public health emergency.
While it anticipated that LCMC and HCA will file motions requesting that the FTC’s case be transferred to the Eastern District of Louisiana, it is not clear at this juncture which court will ultimately adjudicate the pending suits.
Axon is now free to immediately pursue its constitutional challenges to the FTC processes/structure, the implications of which are significant to the health care industry.