The game has changed—are you positioned to adapt? Over the past 12 months, the federal government has been heavily regulating private investment in health care entities.
Simultaneously, multiple states have enacted or...more
On July 25, 2024, a federal “Health Over Wealth Act” was introduced in the U.S. Senate and House of Representatives.
The bill would amend the Public Health Service Act, requiring the Secretary of Health and Human...more
On March 13, 2024, Indiana Governor Eric J. Holcomb signed Senate Enrolled Act No. 9 (“SEA 9”) which will amend the Indiana Code with respect to notice of health care entity mergers and acquisitions....more
3/22/2024
/ Acquisition Agreements ,
Amended Regulation ,
Corporate Sales Transactions ,
Healthcare ,
Healthcare Facilities ,
Hospital Mergers ,
Life Sciences ,
Merger Agreements ,
Notice Requirements ,
Private Equity ,
Regulatory Requirements
As our December 2023 Insight noted, California’s SB 184 (enacted in June 2022) and accompanying regulations contain pre-transaction notice requirements by “specified health care entities” for certain “material change...more
3/14/2024
/ Acquisition Agreements ,
Change of Control ,
Change of Ownership ,
Corporate Sales Transactions ,
Healthcare ,
Healthcare Facilities ,
Hedge Funds ,
Merger Agreements ,
Merger Controls ,
Notice Requirements ,
Private Equity ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Reform
Oregon’s Proposed HB 4130, which passed the Oregon House of Representatives on February 22, 2024, was at the desk of the Senate president when the 82nd Legislative Assembly adjourned sine die on March 7, 2024, thereby ending...more
3/13/2024
/ Business Entities ,
Competition ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Investment ,
Investors ,
Life Sciences ,
Oregon ,
Physicians ,
Proposed Legislation ,
Regulatory Agenda
Like the diversity of the industry itself, merger and acquisition (M&A) transactions in health care take many forms, varying in size and complexity.
While buyers tend to focus on several things as part of those transactions,...more
This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law:
Human capital often drives the value of merger and acquisition (M&A) deals in the health care industry....more
The Federal Reserve’s steady increase of interest rates and the slowed economic growth have increased fiscal pressure on health care providers, leaving many to look for ways to bridge budget shortfalls through injections of...more
What challenges are providers likely to face as the Occupational Safety and Health Administration (OSHA) prepares its permanent COVID-19 standard for health care workers?
In this episode of Diagnosing Health Care,...more
The Departments of Labor, Health and Human Services, and the Treasury jointly released a set of frequently asked questions (“FAQs”) related to recent changes made to the Mental Health Parity and Addiction Equity Act effective...more
6/10/2021
/ Addiction Equity Act ,
Consolidated Appropriations Act (CAA) ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Enforcement Authority ,
Health Insurance ,
Health Plan Sponsors ,
Mental Health ,
Mental Health Parity Rule ,
NQTLs ,
Required Documentation ,
U.S. Treasury
The $1.9 trillion coronavirus relief package, the American Rescue Plan, includes money for rural hospitals, billions of dollars for COVID-19 testing and contact tracing, and extra subsidies to help people buy health coverage...more
3/31/2021
/ Affordable Care Act ,
American Rescue Plan Act of 2021 ,
Biden Administration ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Federal Funding ,
Health Care Providers ,
Health Insurance ,
Hospitals ,
Relief Measures ,
Rural Health Care Providers ,
Subsidies ,
Virus Testing
The 117th Congressional health care agenda, including COVID-19 related action, will require 60 votes in the Senate or passage through budget reconciliation. Epstein Becker Green attorneys Mark Lutes, Philo Hall, and Timothy...more
This Diagnosing Health Care episode dives into the growth of physician practices accepting risk-based payments from health plans and examines why these practices are attractive to investors. Special guest Jason Madden,...more
Oral arguments in California v. Texas offer a glimpse at how the Supreme Court might rule in deciding the fate of the Affordable Care Act (“ACA”). Attorneys Stuart Gerson and Tim Murphy also look at what Justice Amy Coney...more
11/19/2020
/ Affordable Care Act ,
Article III ,
California v Texas ,
Commerce Clause ,
Individual Mandate ,
Medicaid ,
Oral Argument ,
SCOTUS ,
Standing ,
Tax Cuts and Jobs Act ,
Trump Administration
This Diagnosing Health Care episode dives into the prospects of coverage expansion following the 2020 elections and also examines three major health care policy reform issues that have bipartisan support and could see...more
10/22/2020
/ Billing ,
Coronavirus/COVID-19 ,
Drug Pricing ,
Health Care Providers ,
Health Insurance ,
Healthcare Reform ,
Legislative Agendas ,
Medicare ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Presidential Elections ,
Relief Measures ,
Surprise Medical Bills
This Diagnosing Health Care podcast episode focuses on how hospitals are addressing financial strains while also combatting the COVID-19 pandemic on the front lines. The episode is hosted by Timothy Murphy and features Paul...more
On October 22, 2018, in perhaps the most significant guidance resulting from President Trump’s 2017 Executive Order 13813, “Promoting Healthcare Choice and Competition Across the United States” (“2017 Executive Order”), the...more
1/10/2019
/ Affordable Care Act ,
Benefit Plan Sponsors ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Executive Orders ,
Health Insurance ,
HRA ,
IRS ,
Medicare ,
Proposed Regulation ,
Qualified Small Employer Health Reimbursement Plan (QSEHRAs) ,
TRICARE ,
Trump Administration
In an unexpectedly broad ruling issued December 14, 2018, the U.S. District Court for the Northern District of Texas declared the Affordable Care Act (“ACA”) as unconstitutional in its entirety. This decision, if ultimately...more
12/19/2018
/ Affordable Care Act ,
Appointments Clause ,
Benefit Plan Sponsors ,
Biosimilars ,
Constitutional Challenges ,
Corporate Counsel ,
Declaratory Judgments ,
Department of Justice (DOJ) ,
Employer Group Health Plans ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
HRA ,
Individual Mandate ,
Internal Revenue Code (IRC) ,
Kathleen Sebelius ,
Medicaid ,
Medicaid Expansion ,
Pharmaceutical Industry ,
Popular ,
Severability Doctrine ,
Tax Cuts and Jobs Act
In April 2015, Congress established a new framework for Medicare Part B physician payments through the passage of the Medicare Access and CHIP Reauthorization Act of 2015 (“MACRA”), which the Centers for Medicare & Medicaid...more
The new version of the Senate Republicans’ draft bill to repeal and replace the Affordable Care Act (ACA), known as the Better Care Reconciliation Act (BCRA), was released July 13. This second pass includes changes meant to...more
When the House of Representatives narrowly passed H.R. 1628, the American Health Care Act (AHCA), and shipped it across the Capitol for the Senate’s consideration, key senators said they intended to write their own bill...more
6/23/2017
/ Affordable Care Act ,
American Health Care Act (AHCA) ,
Block Grants ,
Congressional Budget Office ,
Consumer Price Index ,
Health Insurance ,
Medicaid ,
Medicare ,
Pending Legislation ,
Repeal ,
Trump Administration
As we predicted on March 6, 2017, though not without a detour, the U.S. House of Representatives has passed a bill to repeal and replace key portions of the Affordable Care Act (ACA) and to alter the structure of Medicaid...more
The first 100 days of a new presidential administration serves as a traditional, if somewhat arbitrary, demarcation point. April 29, 2017, serves as the 100th day of the Trump administration, and we now have insight into how...more
While the titans on Capitol Hill clash over the best answer to the Affordable Care Act (ACA), the Trump administration is promoting action at the state level that could produce meaningful impact soon. Health industry...more