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.
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.
As increasing rates of surgical volume move to ambulatory surgery centers (ASC), health systems may want to assess their ASC footprint more proactively, especially for those surgical specialties that are core to the health system’s business.
A ransomware attack ultimately resulting in a significant settlement from a PA health system underscores the pressing issue of cybersecurity in the health care sector, as OCR reports a 264% increase in large ransomware breaches since 2018.
As the Dec. 23, 2024, deadline for initial compliance is fast approaching, it is important that covered entities act promptly to ensure compliance obligations are in place.
We examine the various compliance requirements for owning and operating a medical spa within New York’s complex regulatory landscape.
Cross-market health system mergers often draw increased scrutiny from regulators, but certain post-combination commitments in the Northwell-Nuvance deal address particular antitrust risks and regulatory concerns.
In a decision impacting employers and employees nationwide, a federal judge prohibited the FTC’s enforcement of its ban on noncompete agreements -- scheduled to take effect on Sept. 4, 2024.
The recent Amicus Brief filed in Ryan, LLC v. FTC asserts that the FTC does not have the statutory authority to apply its rule to nonprofit entities including nonprofit hospitals and health systems.
The arguments made in these two cases, and the analyses and reasoning of these two courts, will likely frame the arguments that the federal court judges and Supreme Court justices will consider in deciding the fate of the FTC’s ban on noncompetes.
Loper plays a prominent part in several cases we'll discuss in this post, and these cases illustrate in many respects how litigation post-Chevron is likely to proceed.
Effective Jan. 1, 2025, pursuant to the Act, certain noncompete covenants within employment contracts for certain health care practitioners will be barred.
If the deal is financially material to the parties, then utilizing a letter of intent is likely worthwhile to ensure parties are on the same page before committing significant time and resources to the transaction.
Loper will have significant implications for heavily regulated industries, including health care, and will directly impact the U.S. Department of Health and Human Services and the Centers for Medicare & Medicaid Services.
In limiting its decision to the Seventh Amendment issue, the Court side-stepped the remaining constitutional questions that we have been tracking relating to the question whether the structure and therefore operation of the FTC is unconstitutional.
Failing to draft management services agreements that comply with Pennsylvania’s corporate practice of medicine doctrine may result in lengthy scrutiny and high costs to rectify.
After a split Fourth Circuit panel granted the FTC’s motion for injunction and enjoined Novant Health’s hospital acquisitions pending appeal, Novant announced that it was abandoning the planned purchase.
The District Court denied the FTC’s requested injunction, but it did grant the FTC’s alternate request to extend the temporary restraining order that has been in place until June 21 to allow the FTC time to seek an injunction from the Fourth Circuit.
We delve into the District Court’s analysis of the FTC’s arguments and how assessments of competitive benefits weighed against assertions of competitive harm.
HHS has issued a final rule under the Affordable Care Act which prohibits discrimination on the basis of race, color, national origin, age, disability or sex in covered health care programs and activities.