On March 11, 2025, the U.S. Department of Health and Human Services (HHS) announced plans for a “reorganization of the Office of the General Counsel” (OGC) “[a]s part of the department’s ongoing efforts to advance the...more
On Dec. 11, 2024, the OIG issued a Special Fraud Alert (Alert) related to certain fraud and abuse risks associated with marketing arrangements between Medicare Advantage Organizations (MAOs) and health care professionals...more
12/23/2024
/ Bonuses ,
Brokers ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Fraud Alerts ,
Fraud and Abuse ,
Gift-Cards ,
Health Care Providers ,
Incentives ,
Marketing ,
Medicare ,
Medicare Advantage ,
Medicare Advantage Organizations (MAOs) ,
OIG ,
Open Enrollment ,
Patient Referrals ,
Unfair Competition
As we previously reported, a new Pennsylvania annual report (Annual Report) filing requirement is set to begin in calendar year 2025. The Annual Report replaces the Commonwealth’s Decennial Filing Report and applies to nearly...more
As the health care industry continues to shift its focus to emphasize the delivery and innovation of patient care outside of the hospital, ambulatory surgery centers (ASC) have taken center stage as lower-cost care sites. In...more
As anticipated, 2024 continues to bring increased scrutiny of restrictive covenants by employers. At both federal and state levels, noncompete agreements are being disfavored more than ever, with Pennsylvania being the latest...more
On June 28, 2024, the Supreme Court overruled Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., and consequently invalidated the “Chevron Deference” — a cornerstone of administrative law since 1984. In the 6-3 decision...more
7/12/2024
/ Administrative Procedure Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Department of Health and Human Services (HHS) ,
Drug Pricing ,
Federal Health Care Programs (FHCP) ,
Health Care Providers ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Medicare ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
As anticipated, 2024 is bringing increased scrutiny of restrictive covenants by employers. At both the federal and state levels, non-compete agreements (“non-competes”) are being disfavored more than ever, with Maryland...more
On December 18, 2023, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) released the 2023 Merger Guidelines (the “Guidelines”), which are the result of a two-year...more
The Office of Inspector General in the Department of Health and Human Services (“OIG”) recently issued Advisory Opinion 23-08 in which it concluded that a proposed arrangement involving a supplier’s durable medical equipment,...more