Private equity (PE) health care transactions continue to capture the attention of many in the industry. Whether viewed as an opportunity to grow, stabilize, or exit a business, owners feel compelled--even obligated--to explore PE alternatives before the market cools or they are otherwise left…
The first step in most medical practice or health facility sale discussions (including those with private equity) is the negotiation and execution of a Non-Disclosure Agreement, also commonly referred to as an NDA or Confidentiality Agreement. An NDA is one of the more “boilerplate” documents in…
The No Surprises Act imposed sweeping new cost transparency requirements on health care providers throughout the United States that raised many compliance questions and new challenges. Adding to the confusion, regulators responsible for implementing the new law issued regulations in phases…
On January 14, 2022 the U.S. Centers for Medicare and Medicaid Services (“CMS”) issued supplemental guidance (the “Supplemental Guidance”) for implementation of its Interim Final Rule – Medicare and Medicaid Programs; Omnibus COVID-19 Health Care Staff Vaccination (“CMS Rule”).
Scope of Guidance
The…
Most health care providers face many compliance challenges in today’s regulatory climate with the promise of many more to come in the new year. This burden may be particularly acute for physician group practices who must change the methodology for pooling and distributing overall profits under an…
Are you getting mixed messages on when you need to start electronically prescribing controlled substances? You’re not alone.
After Congress passed the SUPPORT Act in 2018 requiring prescribers to issue electronic prescriptions on January 1, 2021 for Medicare Part D controlled substance…
At long last, the Centers for Medicare & Medicaid Services (“CMS”) issued final guidance on hospital co-location with other hospitals and health care facilities (“Final Guidance”). Hospital co-location has been a compliance challenge for many due to CMS’s piecemeal approach, which included a…
The Indiana Court of Appeals recently held that healthcare providers could be liable for failing to take steps to protect a patient’s grandfather against an imminent danger demonstrated by the patient’s conduct and statements across several trips to the emergency department. In Coplan v. Miller (Ct.…
Employment Practice attorney Shelley M. Jackson discusses the new vaccination requirements for employers with over 100 employees.
Although most physicians have heard about the Physician Payments Sunshine Act (the “Sunshine Act”) and have seen reports of the payments physicians have received from reporting drug and medical device companies, few physicians take the time to review or correct their own records.
Many physicians…
The development and growth of ambulatory surgery centers (“ASCs”) has continued and even accelerated in recent years. Shifts in allowable cases from inpatient to outpatient, temporary closures of hospital outpatient departments because of COVID, and private equity funding have all bolstered this…
The Centers for Medicare and Medicaid Services (“CMS”) announced a new tool on the CMS Compare website to permit consumers to access each nursing facility’s staff and resident vaccination rates and make informed decisions when choosing a nursing facility. CMS has required certified nursing…
