As the year begins under a new Trump Administration, healthcare providers and private equity firms should consider the antitrust enforcement environment they are likely to face in 2025. This Holland & Knight report recaps...more
1/27/2025
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Non-Compete Agreements ,
Private Equity ,
State and Local Government ,
Trump Administration
The Federal Trade Commission (FTC) voted unanimously on Oct. 10, 2024, to substantially amend the Hart-Scott-Rodino Act (HSR) premerger notification rules, HSR form and instructions, expanding the scope of information and...more
10/16/2024
/ Acquisitions ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Effective Date ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Required Documentation ,
Threshold Requirements
California Gov. Gavin Newsom on Sept. 28, 2024, vetoed Assembly Bill (AB) 3129, a law that would have required private equity and hedge funds – and in some cases, their platform companies – to obtain the California Attorney...more
Amendments made by the California Office of Health Care Affordability (OHCA) to its cost and market impact review (CMIR) regulations became effective on Aug. 22, 2024, and serve to expand the scope of the Health Care Quality...more
9/16/2024
/ Acquisitions ,
Amended Regulation ,
Change in Control ,
Corporate Practice of Dentistry ,
Corporate Practice of Medicine ,
Dental Practice ,
Hart-Scott-Rodino Act ,
Healthcare Facilities ,
Material Change Doctrine ,
Mergers ,
Pending Legislation ,
Private Equity ,
Private Equity Funds ,
Reporting Requirements ,
State Attorneys General
The National Security Presidential Memorandum-33 (NSPM-33), issued in January 2021, directed federal agencies that fund research and development (R&D) projects to require certain "Covered Institutions" to certify that the...more
7/23/2024
/ Certification Requirements ,
Colleges ,
Compliance ,
Covered Entities ,
Cybersecurity ,
Export Controls ,
False Claims Act (FCA) ,
Federal Funding ,
Government Agencies ,
Hospitals ,
International Travel ,
Medical Research ,
National Security ,
New Regulations ,
Nonprofits ,
OSTP ,
Popular ,
Presidential Memorandum ,
Research and Development ,
Research Funding ,
Scientific Research ,
Training Requirements ,
Universities
Recently, Holland & Knight healthcare attorneys have received questions as to whether the Eliminating Kickback in Recovery Act (EKRA) is still in effect, given the recent expiration of many provisions of the Substance...more
2/15/2024
/ Anti-Kickback Statute ,
Clinical Laboratories ,
Department of Labor (DOL) ,
Eliminating Kickbacks in Recovery Act of 2018 (EKRA) ,
Enforcement Actions ,
Fraud and Abuse ,
Health Care Providers ,
Medicaid ,
Medicare ,
Sunset Provisions ,
Virus Testing
The Florida Legislature is currently considering two bills that, if enacted in their current form, would significantly reduce (and potentially eliminate altogether) the enforceability of noncompete agreements against...more
Enacted in 2018, the Eliminating Kickbacks Recovery Act (EKRA) remains a source of anxiety and confusion in the clinical laboratory industry. In the four years since EKRA's enactment, U.S. Department of Justice (DOJ)...more