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.
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.
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.
Charles M. Honart has garnered two 2024 JD Supra Readers’ Choice Awards in the areas of Health Care and M&A as a result of his insightful authorship on the Health Law Observer blog.
To maximize the efficiency of any strategic transactions, refinancings or a range of other plans later in the year, spring is an ideal time for business owners to take inventory of their corporate records, governing documents and other relevant agreements.
We examine the Federal Trade Commission’s intention for banning noncompete clauses, and key details, exceptions and upcoming challenges to the final rule.
Though Maryland’s actions follow a nationwide trend to significantly limit noncompetes, the state goes further by covering the “gap” left within the FTC’s Proposed Rule.
The FTC’s virtual Open Commission Meeting will be held for purposes of voting on whether to issue a proposed final rule that would generally prevent most employers from enforcing noncompete clauses against workers.
Website and app data tracking technologies may fall under HIPAA scrutiny when electronic protected health information is collected.
The FTC, DOJ and HHS launched a major public inquiry into merger and acquisition transactions involving private equity firms, health systems and private payers to learn more about the impact of these efforts.
Recent lawsuits spotlight the specific types of conduct that may give rise to lawsuits alleging antitrust violations and offer a glimpse into likely developments with respect to federal and state initiatives.
Effective immediately, the CMS Guidance requires hospitals to ensure that medical professionals obtain and document the patients’ informed consent before sensitive examinations or invasive procedures.
To comply with the recent Corporate Transparency Act, owners and operators of a wide range of healthcare entities may be subject to report beneficial ownership information.
The long-awaited federal Final Rule modifying the regulations that govern the privacy of substance use disorder treatment records remain stricter than HIPAA, especially regarding disclosures.
The Federal Trade Commission, the Department of Justice’s Antitrust Division, and the Department of Health and Human Services announced that they were “launching a cross-government public inquiry into private equity and other corporations’ increasing control
Estate planning is especially important for healthcare providers who often have unique assets, liabilities and professional responsibilities.
New York Governor Cathy Hochul recently vetoed a bill that would have enacted a sweeping ban on non-competition covenants.
Overall, the focus of this evidentiary review appears to be on whether the merger will produce substantial competitive benefits, i.e., will improve competition in the relevant market or prevent the threat that it may be lessened.
The merger guidelines will impact every health care system merger. In highly concentrated markets, a merger that eliminates a significant competitor creates significant risk that the merger may substantially lessen competition or tend to create a monopoly.
PA entities and businesses should become familiar with the new annual reporting requirements and consider a few practical implications.