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                  Health Care
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Thomas M. Abrams and Stephanie T. Eckerle
                                                                                             on  October 10, 2025
                                                                     
                     The Federal Trade Commission (“FTC”) sent letters on September 10 prompting many large health care employers and staffing firms to review their noncompete agreements (“noncompetes”) for compliance with Section 5 of the FTC Act, 15 U.S.C. § 45, which empowers the FTC to investigate and prevent… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Kendall A. Schnurpel and Scott C. Frissell
                                                                                             on  October 9, 2025
                                                                     
                     Tax-exempt healthcare organizations rely heavily on tax-exempt bond financing to fund facilities and equipment. While these financings provide critical access to lower-cost capital, borrowers must carefully observe post-issuance compliance requirements. Failure to comply can lead to IRS penalties,… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Kendall A. Schnurpel
                                                                                             on  October 8, 2025
                                                                     
                     Current IRS Audit Activity In March 2024, in response to renewed calls from Congress for more robust oversight of tax-exempt hospitals, the Internal Revenue Service (“IRS”) Tax-Exempt and Government Entities (TE/GE) Division announced a new compliance strategy on its Compliance Program and… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Meghan M. Linvill McNab and Brandon W. Shirley
                                                                                             on  October 1, 2025
                                                                     
                     In response to the October 1, 2025 shutdown of the federal government, the Centers for Medicare & Medicaid Services (“CMS”) issued an MLN Connects Special Edition email providing an Update on Medicare Operations: Telehealth, Claims Processing, and Medicare Administrative Contractors Status During… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brandon W. Shirley and Madison Hartman Harada
                                                                                             on  August 21, 2025
                                                                     
                     After months of litigation and promises to issue a proposal, the Health Resources and Services Administration (“HRSA”) has released long-awaited guidance on a new 340B pilot program. While the HRSA guidance provides clarity, it does not give manufacturers or 340B covered entities much to celebrate.… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
                       
                                                                                            By: Meghan M. Linvill McNab, Grant M. Achenbach,  and Brandon W. Shirley
                                                                                             on  August 12, 2025
                                                                     
                     This article is the 2nd in our series on H.R. 1 (known as the One Big Beautiful Bill or “OBBB”), in which we select specific areas of Medicaid impacted by the OBBB and drill down into the full weight and effect of not only the OBBB, but also recent Federal rules, guidance, and policies on these… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Meghan M. Linvill McNab and Grant M. Achenbach
                                                                                             on  July 28, 2025
                                                                     
                     On July 4, 2025, President Trump signed into law H.R. 1, known as the One Big Beautiful Bill (“OBBB”). While the OBBB is massive and the sections that address Medicaid topics are vast, this series of articles will select specific areas of Medicaid impacted by the Bill and drill down into the full… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
                       
                                                                                            By: Brandon W. Shirley, Madison Hartman Harada,  and Thomas M. Abrams
                                                                                             on  June 25, 2025
                                                                     
                     Indiana recently enacted Senate Enrolled Act 140 (SEA 140), a significant overhaul of pharmacy reimbursement practices intended to greatly impact pharmacy benefit manager (“PBM”) vertical integration.  SEA 140 introduces multiple changes to how pharmacy benefits are managed and delivered in Indiana,… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            
                       
                                                                                            By: Brandon W. Shirley
                                                                                             on  April 22, 2025
                                                                     
                     A recent advisory opinion from the Office of Inspector General (“OIG”) provides welcome clarity and encouragement to community health centers looking for ways to incentivize patient access to care. Advisory Opinion 25-02 continues the OIG’s favorable support of strategies designed to connect… Read More  
                 
                    
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    
                       
                                                                                            By: Stephanie T. Eckerle, Brandon W. Shirley,  and Madison Hartman Harada
                                                                                             on  February 12, 2025
                                                                     
                     Non-profit healthcare entities may soon have greater flexibility when it comes to patient assistance programs that subsidize the cost of prescription drugs for their patients residing in rural areas. Generally, such programs risk violating the patient remuneration prohibition under the federal… Read More  
      
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