Articles and Blogs

On January 5, 2022, the Department of Health and Human Services (“HHS”) published an amendment to its Declaration for medical countermeasures against COVID-19 (the “Declaration”) under the Public Readiness and Emergency Preparedness Act (“PREP Act”). Under the amendment, PREP Act liability protections have been extended to eligible pharmacists who order and administer (and qualified pharmacy…Read More

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file a premerger notification (an “HSR Filing”) with the Federal Trade Commission (“FTC”) Premerger Notification Office and Department of Justice (“DOJ”) Antitrust Division and to wait…Read More

The Centers for Medicare & Medicaid Services (“CMS”) has armed surveyors with detailed instructions on how to survey skilled nursing facilities for compliance with the CMS staff vaccine requirements. On January 27, 2022, CMS issued updates to the Long-Term Care Survey Process Procedure Guide effective January 27, 2022 (the “Surveyor Guide”). Also on January 27, 2022, a…Read More

Our Health Care Real Estate Briefing is your comprehensive summary of weekly health care real estate highlights currently happening across the nation. The Senior Act was proposed last week in Congress and includes a $1.25B grant program to create workforce development programs for senior care and a $10B Caregiver Sustainability Fund for assisted living providers that…Read More

As of January 1, 2022, providers and facilities must comply with a number of requirements established by the No Surprises Act (the “Act”). CMS recently published several resource documents, as described below, to provide further clarity surrounding implementation of the Act and help providers and facilities better understand their respective compliance obligations. Background The Act…Read More

This week, a number of organizations issued Year in Review reports on M&A activity and predictions for 2022. Staffing and financial issues facing skilled nursing facilities also made headlines. We have included a summary of a number of the Year in Review articles, along with several stories on the skilled nursing industry. The American Hospital Association…Read More

The Sixth Circuit Court of Appeals recently held that the statute of limitations period for retaliation claims under the False Claims Act (“FCA”) begins to run on the date of the alleged retaliatory event, and not the date the plaintiff discovers the retaliatory event. Case Background In 2008, the plaintiff physician joined a Michigan-based health…Read More