Healthcare Authority Newsletter - January 2025 #3

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News Briefs


Federal Judge Rejects Attempt to Stop Nursing Home Staffing Rule

A federal judge has rejected a bid by 20 Republican state attorneys general to block enforcement of a new rule adopted by the outgoing Biden administration establishing minimum staffing requirements for nursing homes. U.S. District Judge Leonard Strand in Cedar Rapids, Iowa, held the states and a network of nursing home industry groups had failed to establish they would be irreparably harmed by the rule if a preliminary injunction was not issued as key provisions do not kick in until 2026 at the earliest.

(Source: Reuters, 2025-01-17)

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DEA Unveils Proposed Rulemaking for Telehealth Prescribing

The U.S. Drug Enforcement Agency has released its notice of proposed rulemaking for a framework to permit medically necessary controlled substances without an in-person visit without violating the Ryan Haight Online Pharmacy Consumer Protection Act. The move comes two months after the DEA and U.S. Health and Human Services announced they extended the pandemic-era virtual prescribing of controlled substances a third time.

(Source: Healthcare IT News, 2025-01-16)

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Analysis Finds 180M Impacted by Healthcare Data Breaches in 2024

SecurityWeek has conducted an analysis of the healthcare breach database maintained by the U.S. Department of Health and Human Services Office for Civil Rights, which stores information on incidents impacting the protected health information of over 500 individuals. The OCR was informed about 585 incidents between January 1, 2024, and December 31, 2024, and adding up the numbers from each breach suggests that roughly 180 million people are impacted.

(Source: Security Week, 2025-01-16)

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FTC Faces Lawsuit from Chamber Over Premerger Notifications

The U.S. Chamber of Commerce has sued to block the Federal Trade Commission's recently finalized changes to the filings parties must submit prior to a merger. The regulator had introduced its proposed changes to the Hart-Scott-Rodino Form in 2023 and finalized the adjustments in October despite pushback from industry groups, including those representing healthcare providers.

(Source: FierceHealthcare, 2025-01-15)

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Report Finds Hospital Divestitures, M&A Hit Records in 2024

Last year was a record year for health system divestitures and hospital deals involving a distressed health system, according to a recent report by Kaufman Hall. Divestitures "skyrocketed" in 2024, with asset sales accounting for 45 of 72 announced deals, according to the consultancy, while the percentage of distressed health systems pursuing M&A also reached new highs, rising from 28 percent in 2023 to more than 30 percent last year.

(Source: Healthcare Dive, 2025-01-17)

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MedPAC Votes to Raise 2026 Hospital Pay Rates

The Medicare Payment Advisory Commission will recommend Congress bump Medicare pay rates for hospitals in 2026. In a public meeting, the group's commissioners voted in favor of draft recommendations to increase general acute care hospitals' base payment rates by the amount specified in current law plus an additional one percent.

(Source: FierceHealthcare, 2025-01-17)

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V.C. Funding for Digital Health Companies Totaled $10.1B in 2024

Funding for digital health startups fell again last year as investors focused on younger companies and cut check sizes for later-stage firms, according to a report published by venture capital firm and consultancy Rock Health. Venture capital funding for U.S. digital health companies totaled $10.1 billion across 497 deals in 2024.

(Source: Healthcare Dive, 2025-01-16)

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HHS AI Strategic Plan Aims to Serve as Road Map for Health Sector

HHS issued its AI strategic plan, establishing a framework for using AI in healthcare and public health. HHS said it would adopt a "dynamic approach to AI" by continuously updating the plan, conducting risk assessments, and employing safeguards to ensure ethical AI use. The plan addressed cybersecurity concerns surrounding AI, as well as its applications and risks in healthcare and public health settings.

(Source: Tech Target, 2025-01-14)

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FDA Medical Device Director Warns About Supply Chain Risks

Michelle Tarver, the Food and Drug Administration's recently appointed medical device director, warned that the U.S. risks falling behind other countries in its ability to protect patients by ensuring product supply. The warning about the limited reporting requirements imposed by the U.S. follows the FDA's call for new statutory authority on device shortages and for full funding of its supply chain program.

(Source: Medtech Dive, 2025-01-17)

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FTC, DOJ, HHS Release Report on P.E. in Healthcare Concerns

Three federal agencies have issued warnings on the potential damage unchecked consolidation and private equity ownership can wreak on healthcare. Following a year-long investigation, the Federal Trade Commission, the Department of Justice, and HHS released a report that highlighted concerns regarding the consequences of increased consolidation and private equity investment on patient care.

(Source: HealthLeaders Media, 2025-01-17)

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Senior Living Occupancy Rate Hits Record 87.2% in Fourth Quarter

The senior living occupancy rate reached new heights in the fourth quarter of 2024, surpassing pre-pandemic levels, and projections are that occupancy will exceed 90 percent by the end of 2026, according to the latest quarterly market fundamentals report from the National Investment Center for Seniors Housing & Care. The senior living occupancy rate -- including independent living and assisted living -- increased 0.7 percentage points, going from 86.5 percent in the third quarter to 87.2 percent in the fourth quarter, according to data from NIC MAP Vision.

(Source: McKnight's Senior Living, 2025-01-17)

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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