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FTC Sends Warning Letters to Health Care Employers in Latest Noncompete Development

By: Thomas M. Abrams and Stephanie T. Eckerle on October 10, 2025

The Federal Trade Commission (“FTC”) sent letters on September 10 prompting many large health care employers and staffing firms to review their noncompete agreements (“noncompetes”) for compliance with Section 5 of the FTC Act, 15 U.S.C. § 45, which empowers the FTC to investigate and prevent…

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Post-Issuance Compliance: Safeguarding Your Hospital’s Access to Low-Cost Capital

By: Kendall A. Schnurpel and Scott C. Frissell on October 9, 2025

Tax-exempt healthcare organizations rely heavily on tax-exempt bond financing to fund facilities and equipment. While these financings provide critical access to lower-cost capital, borrowers must carefully observe post-issuance compliance requirements. Failure to comply can lead to IRS penalties,…

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Current IRS Audit Activity and Compliance Overview of IRC §501(r) Requirements for Indiana Licensed Hospitals

By: Kendall A. Schnurpel on October 8, 2025

Current IRS Audit Activity

In March 2024, in response to renewed calls from Congress for more robust oversight of tax-exempt hospitals, the Internal Revenue Service (“IRS”) Tax-Exempt and Government Entities (TE/GE) Division announced a new compliance strategy on its Compliance Program and…

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Government Shutdown and Reversion of Medicare Telehealth Coverage

By: Meghan M. Linvill McNab and Brandon W. Shirley on October 1, 2025

In response to the October 1, 2025 shutdown of the federal government, the Centers for Medicare & Medicaid Services (“CMS”) issued an MLN Connects Special Edition email providing an Update on Medicare Operations: Telehealth, Claims Processing, and Medicare Administrative Contractors Status During…

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Shifting the 340B Model: Rebates on the Horizon

By: Brandon W. Shirley and Madison Hartman Harada on August 21, 2025

After months of litigation and promises to issue a proposal, the Health Resources and Services Administration (“HRSA”) has released long-awaited guidance on a new 340B pilot program. While the HRSA guidance provides clarity, it does not give manufacturers or 340B covered entities much to celebrate.…

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One Big Beautiful Bill, Part II

By: Meghan M. Linvill McNab, Grant M. Achenbach, and Brandon W. Shirley on August 12, 2025

This article is the 2nd in our series on H.R. 1 (known as the One Big Beautiful Bill or “OBBB”), in which we select specific areas of Medicaid impacted by the OBBB and drill down into the full weight and effect of not only the OBBB, but also recent Federal rules, guidance, and policies on these…

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One Big Beautiful Bill, But More

By: Meghan M. Linvill McNab and Grant M. Achenbach on July 28, 2025

On July 4, 2025, President Trump signed into law H.R. 1, known as the One Big Beautiful Bill (“OBBB”). While the OBBB is massive and the sections that address Medicaid topics are vast, this series of articles will select specific areas of Medicaid impacted by the Bill and drill down into the full…

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With SEA 140, Indiana Joins Other States in Limiting Pharmacy Benefit Manager Vertical Integration

By: Brandon W. Shirley, Madison Hartman Harada, and Thomas M. Abrams on June 25, 2025

Indiana recently enacted Senate Enrolled Act 140 (SEA 140), a significant overhaul of pharmacy reimbursement practices intended to greatly impact pharmacy benefit manager (“PBM”) vertical integration.  SEA 140 introduces multiple changes to how pharmacy benefits are managed and delivered in Indiana,…

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The End of Physician Noncompetes in Indiana Hospitals: A Look into Indiana Senate Enrolled Act No. 475 

By: Marsha Jean-Baptiste and Scott S. Morrisson on April 28, 2025

In a significant development for healthcare employment law, Indiana’s Senate Enrolled Act No. 475 (“SEA 475”) broadens existing restrictions on physician noncompete agreements to include nearly all physician types—not just primary care providers. Building on Senate Enrolled Act No. 7, which took…

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Tele-prescribing Here to Stay? HHS Signals Commitment to COVID-19 Era Telemedicine Prescribing Expansions

By: Madison Hartman Harada on April 23, 2025

After months of back and forth, with the fate of tele-prescribing in limbo, the Department of Health and Human Services (“HHS”) signaled its continued commitment to some COVID-19 era telemedicine expansions by the recent issuance of two final rules: (1) Expansion of Buprenorphine Treatment via…

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Clearing the Path to Care: OIG Continues to Approve Modest Patient Incentives to Accessing Health Care Services

By: Brandon W. Shirley on April 22, 2025

A recent advisory opinion from the Office of Inspector General (“OIG”) provides welcome clarity and encouragement to community health centers looking for ways to incentivize patient access to care. Advisory Opinion 25-02 continues the OIG’s favorable support of strategies designed to connect…

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OIG Signals Potential Approval of Prescription Drug Assistance Programs

By: Stephanie T. Eckerle, Brandon W. Shirley, and Madison Hartman Harada on February 12, 2025

Non-profit healthcare entities may soon have greater flexibility when it comes to patient assistance programs that subsidize the cost of prescription drugs for their patients residing in rural areas. Generally, such programs risk violating the patient remuneration prohibition under the federal…

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