Health Law Alert

On June 2024, the US Supreme Court overturned a 1984 ruling referred to as the Chevron Doctrine, which instructed lower courts to defer to federal agencies when federal statutes were either silent or ambiguous on the issue in controversy.  Deference was encouraged even if the lower court judge thought that […]

Following the adoption of the Section 501(r) standards by Congress in 2010 and the IRS promulgation of final regulations in 2014, federal tax exemption issues for hospitals have been relatively quiet for several years.  The IRS implemented Schedule H to the Form 990 and hospitals have developed 501(r) compliance and […]

In January 2023, the Federal Trade Commission published its proposed rule broadly prohibiting noncompetition agreements by businesses with workers. The proposed rule was subject to a 90-day comment period resulting in over 26,000 comments. A year and several months later, on April 23, 2024, the FTC issued its final rule […]

Last month, we provided an overview of increased antitrust scrutiny. The Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) continue to increase their scrutiny of health care transactions, and it doesn’t seem to be slowing down any time soon. The two agencies work together to review and contest mergers […]

On May 6, 2024, the Office for Civil Rights (“OCR”) published a final rule entitled, “Nondiscrimination in Health Programs and Activities” (the “Final Rule”), regarding Section 1557 of the Affordable Care Act (“ACA”).  Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in […]