Recently, the Sixth Circuit issued an important decision limiting the scope of claims alleging violations of the Anti-Kickback Statute that are brought under the False Claims Act. In Shannon Martin, M.D., et al. v. Hathaway, et al., No. 22-1463 (March
Triage Health Law
Triage Health Law, published by Squire Patton Boggs, focuses on legal issues at the intersection of healthcare and competition law. The blog covers topics such as hospital mergers and antitrust implications, regulatory frameworks like Certificates of Public Advantage, enforcement of interlocking directorates under the Clayton Act, and the impact of government actions on healthcare regulatory agencies like the FDA. It also addresses labor market concerns in healthcare, including scrutiny of non-compete agreements and workforce mobility. The blog provides analysis relevant to healthcare providers, insurers, policymakers, and legal counsel navigating complex regulatory and compliance challenges in the healthcare sector.
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CMS Blanket Stark Waivers will Terminate Upon End of COVID-19 Emergency
By Robert Nauman & John Wyand
Earlier this year, the U.S. Department of Health and Human Services (“HHS”) announced the expiration of the COVID-19 public health emergency declarations effective May 11, 2023. As a result, many of the regulatory waivers and flexibilities available to health care…
The U.S. Department of Justice Loses Another Labor-related Antitrust Case with Jury’s Acquittal of Four Home-Health Operators
In a blow to the Biden Administration’s goal to heighten enforcement of labor-related competitor agreements, a Maine jury on Wednesday acquitted four home-health operators who were accused of conspiring to fix the wages of home-health workers in the Spring of…
CMS Plans to Implement Stricter Enforcement Efforts to Boost Hospital Price Transparency Compliance
In January 2021, the Centers of Medicare and Medicaid Services (“CMS”) implemented the Price Transparency Regulations (“PTR”) which required hospitals to publish prices for all their services on their websites in a user-friendly format — improving consumer access to pricing…
The U.S. Department of Justice Signals Policy Change with Withdrawal of Three Healthcare Policy Guidelines
The U.S. Department of Justice (“DOJ”) recently withdrew three policy statements regarding conduct in the healthcare sector. The statements withdrawn are the Department of Justice and FTC Antitrust Enforcement Policy Statements in the Health Care Area (dated September 1993); the…
CMS Instructs IDR Entities Not To Issue New Payment Determinations Pending Further Guidance from Departments
By Max Czernin
As we recently reported, on February 6, 2023, Judge Kernodle of the United States District Court for the Eastern District of Texas issued a decision in Texas Medical Association v. U.S. Dep’t of H.H.S., Case No. 6:22-cv-372 vacating certain…
Bankruptcy Court Doors Swing Open For Cannabis Companies, But Just Slightly
Are bankruptcy doors now opening for cannabis companies? A recent decision from a California bankruptcy court indicates perhaps so, at least for cannabis companies that are no longer operating. Squire Patton Boggs partner Mark Salzburg discusses this case and its…
District Court Declares Portion of Regulations Governing NSA’s Dispute Resolution Process Invalid
By Max Czernin
On February 6, 2023, Judge Kernodle of the Eastern District of Texas once again vacated certain provisions of an agency rule as inconsistent with the No Surprises Act (the “NSA”). Almost a year ago, Judge Kernodle issued a similar…
FEDERAL COMMUNICATIONS COMMISSION AUTHORIZES USE OF AUTOMATED AND PRERECORDED VOICE TECHNOLOGY OUTREACH FOR CERTAIN HEALTH POLICY RENEWALS
By Paul Besozzi
In April of 2022, the Secretary of Health and Human Services (“HHS”) asked the Federal Communications Commission (“FCC”) to clarify that automated calls and texts, or prerecorded telephone calls made to encourage individuals to renew enrollment in their state Medicaid…
Revamping of Cosmetics Regulation and Safety
President Biden signed into law the “Consolidated Appropriations Act, 2023” on December 29, 2022 (the enactment date). The Act includes the Modernization of Cosmetics Regulation Act of 2022 (“MOCRA”) which increases the authority of the United States Food and Drug…