Resources

This article is an updated version of the Corporate Transparency Act Requires Reporting Companies to File with FinCEN. Updated 10/8/2024: On January 7, 2021, Congress passed the National Defense Authorization Act, which includes the Corporate Transparency Act (“Act”).  The Act, which takes effect on January 1, 2024, requires “reporting companies” to file information on beneficial owners, key…Read More

In SEC v. Jarkesy, the Securities and Exchange  Commission (SEC) sought $300,000 in civil penalties from George Jarkesy for securities fraud. In June of 2024, the United States Supreme Court ruled that when the SEC seeks civil penalties for securities fraud, the defendant has the right to a trial by jury pursuant to the Seventh Amendment…Read More

In March 2024, the Medicare Payment Advisory Commission (MedPAC) released its report to Congress (Report) that addressed, among other topics, the increasing cost of Medicare Managed Care (MA).  The Report acknowledges that aggregate Medicare payments to MA plans have always been higher than Medicare estimates of the amount Medicare would have paid for the same…Read More

In December 2022, the Office of Civil Rights (OCR) issued a bulletin (2022 Bulletin) warning Health Insurance Portability and Accountability Act (HIPAA) covered entities and business associates about the use of online tracking technologies, that are often part of an entity’s website or mobile application.  In the 2022 Bulletin, the OCR stated that when individually…Read More

Election of Tax Structure LLCs are unique in that they offer flexibility in how they are taxed. The IRS will treat an LLC as either a corporation, partnership, or as a disregarded entity. By default, domestic LLCs with at least two members are classified as partnerships and single-member domestic LLCs are treated as entities disregarded…Read More

Pennsylvania has now joined the growing list of jurisdictions prohibiting the enforcement of certain non-compete and non-solicitation agreements for certain health care providers.   Who is Covered?   The Fair Contracting for Health Care Practitioners Act applies to medical doctors, doctors of osteopathy, certified registered nurse practitioners and certified registered nurse anesthetists and physician assistants. …Read More

On June 28, 2024, the United States Supreme Court overturned the Chevron deference doctrine, which was established by the Supreme Court in its 1984 decision in Chevron v. Natural Resources Defense Council, Inc. In Chevron, the Court had ruled that federal courts were required to give deference to federal agency interpretations of ambiguous federal statutes.  …Read More

During its 2024 session, the Maryland legislature amended the State’s existing law governing non-competes to expand restrictions on their use. The amendment is part of a push against the perceived effects of private equity investment in the health care and veterinary industries.   What types of provisions are subject to the law?   Non-competes, conflict…Read More

Under the False Claims Act (FCA), relators, commonly known as whistleblowers, are individuals with non-public information who bring qui tam claims against companies that fraudulently obtain government funds. Generally, relators are incentivized to bring qui tam claims because they receive a “bounty” reward if the claim is successful.   However, a recent decision by a…Read More

Providers will have until April 2026 to comply with recently announced changes to the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations, better known as Part II regulations, that better align Part II regulations with privacy protections found in other laws.  Part II sets privacy standards for records generated by the treatment of SUDs,…Read More