On June 27, 2025, the Centers for Medicare & Medicaid Services (“CMS”), through its Innovation Center (“CMMI”), released the Request for Applications (“RFA”) for a new payment and service delivery initiative: the Wasteful and...more
7/2/2025
/ Artificial Intelligence ,
Centers for Medicare & Medicaid Services (CMS) ,
CMMI ,
Fee-for-Service ,
Health Care Providers ,
Healthcare ,
Healthcare Fraud ,
Healthcare Reform ,
Hospitals ,
Innovative Technology ,
Machine Learning ,
Medicare
On May 28, 2025, the Centers for Medicare & Medicaid Services (“CMS”) Innovation Center formally announced the early termination of the Kidney Care First (“KCF”) model effective December 31, 2025, and issued a suite of...more
Byonyks, a medical device company focused on advancing dialysis care, today announced that it has received U.S. Food and Drug Administration (FDA) 510(k) clearance for the Byonyks X1 APD Cycler, an automated peritoneal...more
6/16/2025
/ Artificial Intelligence ,
Class Action ,
Dialysis ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Health Technology ,
Healthcare ,
Life Sciences ,
Manufacturers ,
Medicaid ,
Medical Devices ,
Medical Research ,
Medicare ,
Non-Compete Agreements ,
Regulatory Requirements ,
Tariffs
DOJ scores first victory in criminal antitrust labor market trial -
A federal jury convicted a former home healthcare staffing executive in Las Vegas for orchestrating a three-year wage-fixing conspiracy targeting...more
5/12/2025
/ Antitrust Investigations ,
Antitrust Violations ,
Centers for Medicare & Medicaid Services (CMS) ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Dialysis ,
Dialysis Providers ,
Enforcement Actions ,
Failure To Disclose ,
Health Care Providers ,
Medical Research ,
Medicare ,
Medicare Advantage ,
Nurses ,
Sherman Act ,
Staffing Agencies ,
Wage-Fixing
ESRD ETC among value-based care models being ended early by CMS -
This decision to end the ESRD ETC payment model and several others on Dec. 31 aligns with CMS’ goal to focus on models that demonstrate potential for...more
On March 12, 2025, the CMS announced its intent to terminate the ESRD Treatment Choices (“ETC”) Model as of December 31, 2025, two years ahead of its original end date....more
As Medicare physician reimbursement continues in 2025 to suffer from damaging shortfalls due to budget neutrality and lack of an inflation adjuster, steps are being taken in Congress to address the issue. On January 31, the...more
3/14/2025
/ Data Breach ,
Dialysis ,
Dialysis Providers ,
Federal Budget ,
Health Care Providers ,
Health Insurance ,
Healthcare Reform ,
Medicare ,
Medicines and Healthcare Products Regulatory Agency (MHRA) ,
Patient Access ,
Physicians ,
Proposed Legislation ,
Trump Administration
Senators not giving up on reversing CMS physician payment cuts during lame duck session -
Forty-one U.S. Senators from both sides of the aisle are urging the upper chamber’s leadership to allow a bill to be introduced...more
RPA Perspective: 2025 Medicare Fee Schedule and ESRD PPS Final Rules—Highlights for Nephrology -
The final rule for the 2025 Medicare Physician Fee Schedule was released on November 1, and the highlights from the rule...more
11/18/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Fresenius ,
Health Care Providers ,
Medical Research ,
Medicare ,
OIG ,
Organ Transplant Centers ,
Pharmaceutical Industry ,
Physician Fee Schedule ,
Physicians ,
Telehealth
The House Ways and Means Committee has postponed discussions on several healthcare bills, including those related to physician pay, due to scheduling conflicts and disagreements over legislative language. This delay affects...more
10/10/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Congressional Committees ,
Dialysis ,
Dialysis Providers ,
Health Care Providers ,
Health Insurance ,
Medical Devices ,
Medicare ,
Pharmaceutical Industry ,
Physicians ,
Prescription Drugs ,
Proposed Legislation ,
Proposed Rules ,
Qualified Health Plans
FTC Investigates Major Dialysis Providers Over Anticompetitive Practices -
The Federal Trade Commission (FTC) is investigating DaVita and Fresenius Medical Care, the largest U.S. dialysis providers, for potentially using...more
7/16/2024
/ Anti-Competitive ,
Antitrust Violations ,
Congressional Committees ,
Dialysis Providers ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Health Care Providers ,
Medicare ,
Non-Compete Agreements ,
Organ Donation ,
Physicians
KCP supports House bill to restore original intent of Medicare Secondary Payer Act -
Kidney Care Partners (KCP) commends the 36 co-sponsors of the bill before the House, who come from both sides of the aisle and represent...more
6/11/2024
/ Class Action ,
Compensation ,
Data Breach ,
Data-Sharing ,
Department of Health and Human Services (HHS) ,
Dialysis Providers ,
Health Care Providers ,
Medicare ,
Minimum Wage ,
Organ Transplant Centers ,
PHI ,
Physicians ,
Qualified Health Plans ,
Ransomware ,
Wage and Hour
NY Governor vetoes noncompete ban bill after opposition from health, business groups -
Kathy Hochul vetoed a bill passed by both houses of the NY legislature in June that would’ve imposed bans of non-compete clauses in...more
1/17/2024
/ Data Breach ,
Department of Health and Human Services (HHS) ,
Dialysis ,
Dialysis Providers ,
Electronic Protected Health Information (ePHI) ,
ESRD ,
Fraud ,
Governor Vetoes ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Fraud ,
Healthcare Workers ,
Lobbying ,
Medicare ,
Proposed Legislation ,
Wage and Hour
Fresenius hiring Ascension Capital exec to head care delivery -
The appointment of Craig Cordola as CEO of the dialysis company’s care delivery segment takes effect Jan. 1. He was at Ascension Capital for the past six...more
11/14/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Congressional Investigations & Hearings ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Health Care Providers ,
Healthcare Workers ,
Hospitals ,
Medicare ,
Pharmaceutical Industry ,
Prescription Drugs
FTC, DoJ propose changes to HSR Act for more effective, efficient merger reviews -
The FTC, along with the Assistant Attorney General of the Antitrust Division, proposed changes to the premerger notification form and...more
9/8/2023
/ Artificial Intelligence ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Justice (DOJ) ,
Dialysis ,
Dialysis Providers ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Insurance ,
Healthcare Facilities ,
Medicare ,
Merger Reviews ,
Organ Donation ,
Organ Transplant Centers ,
Partnerships ,
Rural Health Care Providers ,
Startups
NY non-compete ban still receiving pushback as Governor waits to sign off -
While NY Governor Kathy Hochul waits to sign off on one of the country’s toughest bans on non-compete agreements, many lobby groups from the...more
8/7/2023
/ Business Model ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Healthcare Facilities ,
Medicare ,
Non-Compete Agreements ,
Organ Donation ,
Organ Transplant Centers ,
Spinoffs
Benesch: NLRB decision overturns use of ‘entrepreneurial opportunity’ super factor for classifying employees -
Benesch explains the labor board’s decision retains the 10-point test to determine who can be considered an...more
Six Main Takeaways from the Benesch Healthcare+ Nephrology & Dialysis Conference.
Experts included Dapo Afolabi, M.D., President and CEO of Fort Worth Renal Group, Terry Litchfield, President of Access Solutions, Jason...more
6/29/2023
/ Ambulatory Surgery Centers ,
Clinical Laboratories ,
Dialysis Providers ,
Enforcement ,
Health Care Providers ,
Medicare ,
Physician Fee Schedule ,
Physicians ,
Professional Conferences ,
Reimbursements ,
Surgical Center Requirements
Benesch: MN ban on non-compete agreements includes carveout for business sale, dissolution -
Benesch Law notes the bill only awaits the signature of MN’s Governor and could become law as early as July 1. It would prevent...more
6/9/2023
/ Capital Raising ,
Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Fraud ,
Healthcare Facilities ,
Medicare ,
No-Poaching ,
Non-Compete Agreements ,
Organ Donation ,
Organ Transplant Centers ,
Private Equity ,
Proposed Legislation ,
Spinoffs
ME trial reminiscent of DaVita anti-poaching case that also ended in acquittal; DOJ strategy questioned -
In Apr. 2022, juries in TX and CO acquitted healthcare companies charged by the DOJ’s Antitrust Division. In the CO...more
4/12/2023
/ Acquittals ,
Antitrust Violations ,
Centers for Medicare & Medicaid Services (CMS) ,
Criminal Prosecution ,
Dialysis ,
Dialysis Providers ,
ESRD ,
Government Investigations ,
Healthcare Facilities ,
Medical Research ,
Medicare ,
Medigap ,
Organ Donation ,
Veterans Administration
Correction to our January 31, 2023 newsletter article, “Dialysis Provider Satellite Healthcare Reports Data Breach Affecting Nearly 100k Patients”:
Media Statement, Satellite Healthcare -
In January 2023, Satellite...more
Federal omnibus spending bill rolls back some Medicare payment cuts scheduled for 2023, 2024 -
Buried within the $1.7-trillion spending package signed by the President on Dec. 29 was partial relief for a planned 4.5% cut...more
1/16/2023
/ Centers for Medicare & Medicaid Services (CMS) ,
Dialysis ,
Dialysis Providers ,
Donors ,
ESRD ,
False Claims Act (FCA) ,
Fraud ,
Fresenius ,
Health Care Providers ,
Medicare ,
Organ Donation ,
Physician Fee Schedule ,
Physician Medicare Reimbursements ,
Physicians
Benesch: AKS claims against Azura dropped; FCA allegations to continue with DOJ intervention -
The DOJ filed an Amended Intervenor Complaint in Aug. alleging between 2012 and 2018, Fresenius Medical Care’s business unit,...more
Benesch: DOL proposed rule aims to clarify independent contractor classification -
The Department of Labor (DOL) proposes changes to the Fair Labor Standards Act to clarify the difference between an independent contractor...more
Benesch outlines five states with data protection laws coming into effect in 2023 -
Next year, statutes for data security and data privacy will go into effect in CA and VA on Jan. 1, while laws in CO and CT will be...more