Resources

On April 23, 2024, the Federal Trade Commission (FTC) issued a final rule banning most non-compete agreements entered into by for-profit businesses. The final rule is very similar to the proposed rule initially issued by the FTC in April 2023.   The rule is an outgrowth of President Biden’s 2021 Executive Order on Promoting Competition…Read More

The Maryland General Assembly’s 2024 legislative session concluded with the enactment of many health care laws that will impact health care facilities, providers, insurers, and health care related licensees in the State. Here are some of the highlights from the 2024 session. Consumer Health Data Privacy  The Maryland Online Data Privacy Act of 2024 regulates…Read More

In 2022, the United States Congress passed the Inflation Reduction Act (IRA) which gave Medicare the authority to negotiate certain prescription drug prices with manufacturers for the first time. The intent of this law is to reduce the cost of some of the most expensive drugs and increase access to patients through Medicare Part B…Read More

In the Spring of 2023, the Sixth Circuit, which is the federal appellate court with jurisdiction for Kentucky, Michigan, Ohio and Tennessee, issued an unprecedented opinion in Martin v. Hathaway, holding for the first time by a federal appellate court that “remuneration” in the federal Anti-Kickback Statute (AKS) means “just payments and other transfers of value”…Read More

This is the third part of a several part series of articles pertaining to limited liability company operating agreements. This third installment addresses capital calls, covenants not to compete and fiduciary duties.  Many medical practices and other health care enterprises operate as limited liability companies (LLCs), and are, therefore, governed by the LLC’s “operating agreement.”…Read More

The No Surprises Act (NSA), effective January 1, 2022, generally protects patients from receiving unanticipated bills for emergency care rendered by providers who do not participate with the patient’s insurance coverage (out-of-network providers), and includes a prohibition on certain out-of-network providers balance billing patients. The law also requires that the patient’s insurer reimburse the out-of-network…Read More

In the first major update in fifteen years, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) recently released new voluntary compliance program guidelines (CPGs) for health care companies aimed at preventing fraud and waste in the health care system.  Last spring, the OIG announced plans to update and to…Read More

In March 2023, approximately 100 physicians at a Minneapolis hospital owned by Allina Health voted to unionize. Just seven months later, over 400 primary care physicians employed in clinics owned by the same health system also voted to join the Doctors Council of the Service Employees International Union.   This recent push to unionize is…Read More

Amidst the financial complexities and risks facing the healthcare sector, from inflation and outdated contracts to workforce shortages and diminishing market share, healthcare organizations are navigating a challenging landscape. Effective mitigation strategies include service line assessments, workforce prioritization, leveraging patient feedback, outsourcing non-clinical tasks, and seeking strategic collaborations. These measures are vital for enhancing financial…Read More

This is the second part of a several part series of articles pertaining to limited liability company operating agreements. This second installment addresses voting rights, distributions, capital accounts, buy-ins and buy-outs. Many medical practices and other health care enterprises operate as limited liability companies (LLCs), and are, therefore, governed by the LLC’s “operating agreement.” However,…Read More