A first appellate circuit judge has questioned the False Claim Act’s constitutionality. In the Fifth Circuit’s decision last month in United States ex rel Montcrief v. Peripheral Vascular Assocs., P.A., No. 24-50176, — F....more
In recent weeks, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission (FTC) launched task forces that target potential barriers to competition created by government regulators and private-sector...more
4/4/2025
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Violations ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Labor Regulations ,
Non-Compete Agreements ,
Regulatory Reform ,
Trump Administration
Recently, the California Legislature introduced two bills that may impact private equity healthcare investments in the state, including formalizing corporate practice restrictions and requiring advance notice for certain...more
On Feb. 18, 2025, the U.S. Court of Appeals for the First Circuit adopted the “but for” causality standard for violations of the federal Anti-Kickback Statute (AKS) that give rise to violations of the federal False Claims Act...more
On Feb. 26, 2025, McGuireWoods successfully assisted a physician-owned hospital in obtaining a favorable advisory opinion from the Centers for Medicare & Medicaid Services (CMS) regarding its proposal to relocate the entire...more
The Centers for Medicare & Medicaid Services (CMS) recently released data on its 2024 settlements of voluntary self-disclosures related to past violations or potential violations of the physician self-referral law (the Stark...more
On January 23, 2025, the United States Court of Appeals for the Fourth Circuit rejected a challenge to Advisory Opinion 22-19 (the “Advisory Opinion”) issued by the United States Department of Health and Human Services,...more
In United States ex rel. Feliciano v. Ardoin, the D.C. Circuit joined every other circuit to consider the issue, holding that a pro se litigant cannot bring a False Claims Act (FCA) case. The court’s reasoning was...more
On Jan. 8, 2025, Massachusetts Gov. Maura Healy signed “An Act Enhancing the Market Review Process” (the Act). The Act increases regulatory reporting obligations and oversight of healthcare transactions involving private...more
On December 27, 2024, the United States Court of Appeals for the Second Circuit decided United States ex rel. Camburn v. Novartis Pharmaceuticals Corporation and joined a growing list of federal circuit courts that have...more
On September 24, 2024, the Department of Health and Human Services Office of Inspector General (“OIG”) published a report (the “Report), reviewing and recommending increased oversight of remote patient monitoring (“RPM”)...more
Over 200 fellow healthcare leaders joined the 17th Annual Healthcare Finance and Growth conference for interactive programming discussing the latest developments in the industry and the challenges the industry faces in 2024...more
Applicable Provider Types: All -
Is Your Entity in Compliance?
Recent regulatory language makes clear that most healthcare providers must provide free auxiliary aids and services for patients with disabilities....more
Recently, in United States ex rel. Kyer v. Thomas Health Systems, the judge overseeinga whistleblower’s False Claims Act (FCA) suit against Thomas Health Systems Inc. stalled further decisions until both parties could file...more
Applicable Provider Types: Any individual or entity that receives Medicare reimbursement for selling or renting DMEPOS -
Is Your Entity in Compliance?
Most durable medical equipment, prosthetics, orthotics and...more
Applicable Provider Types: All -
Is Your Entity in Compliance?
Recent regulatory language makes clear that most healthcare providers must provide free translators or interpreters for patients with limited English...more
Applicable Provider Types: Any individual or entity that receives Medicare reimbursement for selling or renting DMEPOS...more
The Centers for Medicare & Medicaid Services (CMS) recently published two proposed rules that could affect Medicare reimbursement for cardiology services. On July 22, 2024, CMS published the Calendar Year (CY) 2025 Hospital...more
A Texas federal district court held on Aug. 20, 2024, that the Federal Trade Commission’s rule banning most employer-employee non-compete agreements is unlawful. This decision — unlike earlier preliminary decisions — orders...more
The Federal Trade Commission (FTC) issued a final rule on April 23, 2024, that would ban most employer-employee non-compete agreements. That same day, a challenge to the rule was filed in the U.S. District Court for the...more
The investor-backed provider community may be feeling pressure and facing scrutiny from various angles in 2024, as federal and state agencies implement complex pre-closing review processes for healthcare transactions from an...more
The interview below is part of a McGuireWoods series featuring interviews with C-suite leadership of private equity-backed portfolio companies. To recommend a leader for a future interview, email Holly Buckley at...more
McGuireWoods recently held its 20th Annual Healthcare Private Equity and Finance Conference (HCPE Conference) in Chicago. The conference drew more than 1,000 professionals from private equity funds, senior and mezzanine...more
On May 6, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS) published their final rule on nondiscrimination in the Federal Register...more
The Federal Trade Commission’s April 23 final rule banning most non-competes for workers in the United States, including clinical and non-clinical employees in the healthcare industry, undoubtedly will raise questions from...more