Private equity (PE) investment in the U.S. healthcare sector faces a complex and evolving regulatory and legislative landscape. Both federal and state authorities are intensifying scrutiny of PE investment, driven by concerns...more
2/26/2025
/ Antitrust Provisions ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Industry Consolidation ,
Mergers ,
Non-Compete Agreements ,
Private Equity ,
Regulatory Oversight
Happy New Year and welcome to our 2024 Trade Secret and Restrictive Covenant Year in Review. 2024 was less stressful and dramatic than most people feared at the start of the year, but there still were some significant rulings...more
1/22/2025
/ Centers for Medicare & Medicaid Services (CMS) ,
Contract Terms ,
Dialysis ,
Dialysis Providers ,
Final Rules ,
Non-Compete Agreements ,
Physician Fee Schedule ,
Private Equity ,
Regulatory Reform ,
Restrictive Covenants ,
Trade Secrets
Appellate court ruling widens scope of NY fee-splitting law to include earnouts -
The decision overturned a lower court ruling relating to the sale of part of a dental practice in 2015. The plaintiff agreed to sell...more
9/24/2024
/ Asset Purchase Agreements ,
Centers for Medicare & Medicaid Services (CMS) ,
Certification Requirements ,
Consent ,
Corporate Practice of Dentistry ,
Earn-Outs ,
ESRD ,
Federal Trade Commission (FTC) ,
Fee-Splitting ,
Health Care Providers ,
Non-Compete Agreements ,
Private Equity
As value-based care (VBC) models continue to grow across our nation’s health system and specifically within different specialties like nephrology, the costs and challenges of maintaining these models continue to rise. In...more
8/13/2024
/ Antitrust Investigations ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Kickbacks ,
Non-Compete Agreements ,
Organ Transplant Centers ,
Physician Fee Schedule ,
Private Equity ,
Spinoffs ,
Value-Based Care ,
Whistleblowers
FTC final rule banning noncompetes grandfathers existing agreements for senior execs -
The FTC voted 3-2 in favor of the final rule, which bans noncompete clauses in employee contracts in most cases. While the rule would...more
On March 13, 2024, Indiana Governor Eric Holcomb enacted Senate Enrolled Act No. 9 (“Indiana Law”) into law, mandating that Indiana healthcare entities and private equity firms notify the Office of the Indiana Attorney...more
During the past year, a number of states have enacted antitrust legislation relating to healthcare entities, which, once effective, will implement a dedicated health care transaction review process by relevant state agencies....more
Valuations, and how a business reacts to them, directly impact a business’s ability to complete successful transactions. In the healthcare sector, compliance with federal and state laws against self-referral and kickbacks and...more
6/23/2023
/ Business Valuations ,
Corporate Practice of Medicine ,
Debt Ceiling ,
Dialysis Providers ,
Health Care Providers ,
Hospitals ,
Investors ,
Joint Venture ,
Kickbacks ,
Non-Compete Agreements ,
Outpatient Services ,
Physicians ,
Private Equity ,
Private Equity Firms ,
Self-Referral ,
Valuation ,
Value-Based Care
Benesch: MN ban on non-compete agreements includes carveout for business sale, dissolution -
Benesch Law notes the bill only awaits the signature of MN’s Governor and could become law as early as July 1. It would prevent...more
6/9/2023
/ Capital Raising ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Fraud ,
Healthcare Facilities ,
Medicare ,
No-Poaching ,
Non-Compete Agreements ,
Organ Donation ,
Organ Transplant Centers ,
Private Equity ,
Proposed Legislation ,
Spinoffs
Medtronic, DaVita forming kidney tech company to develop dialysis delivery systems -
The healthtech and the dialysis provider will be 50-50 partners in the venture, which will include the entirety of Medtronic’s renal...more
Benesch: FTC to more stringently enforce PHR breaches by apps, connected medical devices -
The FTC issued a policy statement to provide guidance to developers of health apps and connected medical devices and how they’re...more
10/7/2021
/ Antitrust Litigation ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Dialysis ,
Electronic Protected Health Information (ePHI) ,
Employer Mandates ,
Organ Transplant Centers ,
PHI ,
Private Equity ,
Telemedicine ,
Vaccinations
Industry players agree on need for quality assurance but believe CMS’ QIP program for ESRD care delivery flawed -
The ESRD Quality Incentive Program (QIP) implemented by CMS provides a payment penalty of up to 2% for...more
AMA report suggests Medicare spending fell 19% YoY during first half of 2020; reduction in nephrology much smaller The report from the American Medical Association (AMA) found Medicare payments to physicians the first six...more
3/15/2021
/ Acquisitions ,
American Medical Association ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Health Insurance ,
Healthcare Facilities ,
Joint Venture ,
Medicare ,
Mergers ,
Organ Donation ,
Pharmaceutical Industry ,
Private Equity ,
Proposed Legislation
IRC completes acquisition of kidney care provider ARA -
In Oct., it was revealed that Franklin, Tenn.-based Innovative Renal Care (IRC), an affiliate of equity firm Nautic Partners, would purchase American Renal...more