With 2025 underway, the AFS Health Care team highlights some of the most pressing legal issues facing the health care industry this year....more
On December 30, 2024, the Massachusetts state legislature passed House Bill 4653 (the Act), which significantly enhances regulatory oversight in the Massachusetts health care market. As signed into law by Governor Maura Healy...more
1/10/2025
/ Compliance ,
Enforcement Actions ,
False Claims Act (FCA) ,
Healthcare ,
Infrastructure ,
Investors ,
New Legislation ,
Private Equity ,
Real Estate Transactions ,
REIT ,
State and Local Government ,
State Attorneys General
On November 20, 2024, the US Department of Health and Human Services, Office of Inspector General (OIG) issued its Industry Segment-Specific Compliance Program Guidance for Nursing Facilities (Nursing Facility ICPG)....more
1/9/2025
/ Anti-Kickback Statute ,
Assisted Living Facilities (ALFs) ,
Compliance ,
Department of Health and Human Services (HHS) ,
Enforcement ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Fraud ,
Medicaid ,
Medicare ,
Risk Management ,
Skilled Nursing Facility
Although a senior living property manager is not the party on the hook for the loan, it is important that they review and negotiate certain provisions in the owner’s loan documents that affect their rights and obligations in...more
With the end of the first quarter of 2024, we highlight five developments, changes, or challenges that health systems, hospitals, nursing homes, clinics, physician practices, health insurers, and other health care providers,...more
4/25/2024
/ Acquisitions ,
Audits ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Hospitals ,
Medicaid ,
Medicare ,
Mergers ,
Nursing Homes ,
Physicians ,
Regulatory Oversight ,
REIT ,
Request For Information
On March 5, the Federal Trade Commission (FTC), the US Department of Justice (DOJ) Antitrust Division, and the US Department of Health and Human Services (HHS) launched a cross-government inquiry into the role private equity...more
On February 15, 2023, the Centers for Medicare & Medicaid Services (CMS) released a proposed rule which would require greater disclosures of the ownership and management of Medicare and Medicaid nursing homes. Specifically,...more
With the new year underway, the ArentFox Schiff Health Care team highlights 10 of the most pressing legal issues facing the industry in 2023.
End of the COVID-19 Public Health Emergency. After being in effect for more than...more
2/17/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Dobbs v. Jackson Women’s Health Organization ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Healthcare ,
HIPAA Privacy Rule ,
Inflation Reduction Act (IRA) ,
No Surprises Act (NSA) ,
Popular ,
Proposed Rules ,
Public Health Emergency ,
Reproductive Healthcare Issues ,
Roe v Wade ,
SCOTUS ,
Telehealth
In an effort to reorganize, the New York Department of Health (NYDOH) has formed a new Office of Aging & Long Term Care (OALTC), which would oversee long term care and senior living facilities in New York.
The OALTC will...more
Click the link below for our complete analysis of recent updates to the Stark Law and Anti-Kickback Statute and their impact on health care providers.
...more
3/3/2021
/ 21st Century Cures Act ,
Anti-Kickback Statute ,
Bonuses ,
Centers for Medicare & Medicaid Services (CMS) ,
Civil Monetary Penalty ,
Commercially Reasonable Efforts ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Fair Market Value ,
Final Rules ,
Health Care Providers ,
Health Insurance ,
Medicare Part D ,
OIG ,
Pharmacy Benefit Manager (PBM) ,
Profit Sharing ,
Safe Harbors ,
Stark Law ,
Value-Based Care
In its recent Final Rule significantly revising the federal Physician Self-Referral Law (Stark Law), the Centers for Medicare and Medicaid Services (CMS) implements several important changes to the special rules on...more
Nearly two years after soliciting public suggestions to modify HIPAA rules to improve the coordination of care, the Department of Health and Human Services (DHHS) issued a Proposed Rule which changes parts of the Privacy Rule...more
On November 18, the Centers for Medicare & Medicaid Services (CMS) released an alert urging nursing homes to follow established COVID guidelines for visitation and infection prevention during the upcoming holidays.
In its...more
On September 25, 2020, the Centers for Medicare & Medicaid Services (CMS) announced that it streamlined the federal Clinical Laboratory Improvement Amendments (CLIA) certification process for laboratories applying to perform...more
Following up on the recent New York State Executive Order No. 202.61, on September 18, 2020, the New York City Department of Health and Mental Hygiene issued an alert advising providers that all point-of-care (POC) COVID-19...more