A scam which circulated in early 2021 has resurfaced recently. Scammers are calling physician practices and posing as DEA agents. It appears the scammers are targeting smaller practices, and calling and introducing themselves as DEA agents who are…
The U.S. Department of Health and Human Services (“HHS”), through the Substance Abuse and Mental Health Services Administration (“SAMHSA”), recently announced proposed changes to the protection of substance use disorder patient records under 42 CFR…
As of July 1, 2021, certain hospitals in Indiana are required by state law (IC 16-21-9-3.5) to hold an annual public forum in order to promote transparency and accountability in their operations, and to ensure that the needs and concerns of the…
In The Religious Sisters of Mercy v. Xavier Becerra, the 8th Circuit Court of Appeals recently upheld a permanent injunction against the Department of Health and Human Services (“HHS”) and the Equal Employment Opportunity Commission’s (“EEOC”)…
One time consuming (and potentially frustrating) part of any private equity transaction is pre-sale due diligence. Pre-sale diligence is an internal review of the “selling” practice. (For purposes of this article, we will refer to the practice as…
The Health & Human Services, Office of Civil Rights (“OCR”) recently settled with a dermatology practice, New England Dermatology and Laser Center (the “Practice”), after the Practice voluntarily disclosed that it had thrown specimen containers that…
Federal and State Updates
On Friday, July 15th, Department of Health and Human Services (“HHS”) Secretary Xavier Becerra signed a renewal to the federally declared Public Health Emergency (“PHE”). Despite hinting at renewal in the weeks…
As of March 18, 2022, certain out-of-state health care professionals will find it easier to obtain licenses and certifications to practice in Indiana after recent changes to the state’s reciprocity laws. The new credentialing standards set forth in…
Transparency is a hot topic in healthcare. Instituted due to popular demand and now enforced by state and federal laws, transparency is required through good faith estimates for the cost of health care services, publishing of pricing data online in…
While commercial businesses are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) relative to the maintenance of their physical office spaces and general corporate policies, some businesses…
Private equity (PE) health care transactions continue to capture the attention of many in the industry. Whether viewed as an opportunity to grow, stabilize, or exit a business, owners feel compelled--even obligated--to explore PE alternatives before…
The first step in most medical practice or health facility sale discussions (including those with private equity) is the negotiation and execution of a Non-Disclosure Agreement, also commonly referred to as an NDA or Confidentiality Agreement. An…
