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Healthcare Facilities Contract Terms

Holland & Knight LLP

Change Is Coming: Texas Healthcare Provider Non-Competes Subject to New Strict Limits

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Texas Gov. Greg Abbott on June 20, 2025, signed into law Senate Bill (SB) 1318, which creates greater restrictions on physician non-compete agreements in Texas and, for the first time, extends such restrictions to non-compete...more

McDermott Will & Schulte

This Week in 340B: May 20 – 26, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Holland & Knight LLP

Lease Provisions That Make Retail Centers Ideal for Healthcare Tenants

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In recent years, there has been a steady migration of healthcare providers becoming tenants in retail shopping centers. These healthcare tenants are operating urgent care clinics, physician offices, freestanding emergency...more

Stotler Hayes Group, LLC

CMS Cracks Down on Responsible Party Liability in LTC Admission Agreements

A nursing facility that participates in the Medicaid or Medicare programs may not require a third party to guarantee payment for a resident’s admission or continued stay. However, facilities are allowed to require a resident...more

Epstein Becker & Green

Importance of Negotiating Exclusivity, Expansion and Relocation Provisions in Health Care Leases

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In our ongoing series of blog posts, we have examined key negotiating points for tenants in triple net health care leases....more

Holland & Knight LLP

California Court Decision Further Scrutinizes the Friendly PC Model – Now What?

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From the West Coast Healthcare Desk is an ongoing series of Holland & Knight Healthcare Blog articles and alerts focused on healthcare industry developments and points of interest in the West Coast healthcare marketplace....more

Epstein Becker & Green

Importance of Negotiating Operating Expense Provisions in Health Care Leases

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In our ongoing series of blog posts, we will look at several key negotiating points for tenants in triple net health care leases. We will also offer suggestions for certain lease provisions that will protect tenants from...more

Goodwin

Antitrust and Competition Healthcare Quarterly Update Q4 2022

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The Impact of the FTC’s Proposed Sweeping Ban on Non-Competes - On January 5, 2023, the United States Federal Trade Commission (FTC) proposed a new rule (the Proposed Rule) that would define an employer’s use of...more

Dorsey & Whitney LLP

New Iowa Law Will Impact Health Care Staffing Agencies and Contracts with Health Care Entities

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On March 17, 2022, Iowa Governor Kim Reynolds signed into law House File 2521, “Relating to Health Care Employment Agencies, and Providing Penalties,” which will have its home in Chapter 135Q of the Iowa Code. In general, the...more

Butler Snow LLP

Stark Law and Anti-Kickback Statute Waivers Prove to be Useful Measures During the COVID-19 Pandemic … But, Will They Last?

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The novel Coronavirus (“COVID-19”) pandemic has brought about unprecedented applications of certain federal healthcare laws and regulations, including the federal physician self-referral law (the “Stark Law”) and the federal...more

Akin Gump Strauss Hauer & Feld LLP

Potential Use of Hotels for COVID-19 Medical Care: What You Need to Know

Hotel Owner Considerations - As the COVID-19 crisis continues and health care systems face capacity issues, governmental entities have turned to the option of repurposing hotel properties as temporary hospitals, acute...more

McDermott Will & Schulte

COVID-19 – Contingency Planning Checklist for Private Equity Portfolio Companies

Following the wider outbreak of the coronavirus (COVID-19) around the world, radical—and sometimes controversial—actions have been and are further expected to be taken by national, federal and local governments and...more

Bricker Graydon LLP

GMP pitfalls

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It is not uncommon for issues to arise when the Guaranteed Maximum Price (GMP) Proposal is submitted to the owner by a Construction Manager at Risk (CMR) or Design Builder (DB). Usually, such issues can be worked out to the...more

Winstead PC

Physician Non-Compete Agreements and the Anti-Kickback and Physician Self-Referral Laws

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It is common practice for a hospital to require a physician to sign a non-compete agreement whenever the hospital employs the physician or acquires the physician’s medical practice. In certain respects, that is to be...more

Akerman LLP - Health Law Rx

Sutter Health Settles California Attorney General Antitrust Case With Cash and an Agreement to Make Significant Changes to its...

The terms of a settlement that resolved antitrust litigation between the State of California and Sutter Health, the largest health system in Northern California, have now become public, almost two months after the settlement...more

Robinson & Cole LLP

Public Act 17-241 — An Act Concerning Fairness in Pharmacy and Pharmacy Benefits Manager Contracts

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Connecticut Governor Dannel P. Malloy recently signed into law Public Act 17-241 (PA 17-241), which contains provisions concerning facility fees, the sending and receiving of electronic health records between hospitals and...more

Polsinelli

IRS Guidelines Provide Greater Flexibility to Nonprofit Borrowers

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New guidelines from the Internal Revenue Service substantially overhaul safe harbors that have existed for 20 years. Specifically, the IRS recently released Revenue Procedure 2017-13 (“Rev. Proc. 2017-13”), which establishes...more

Dickinson Wright

IRS Issues New Guidelines for Qualified Management Contracts for Facilities Financed with Tax Exempt Bonds

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Health care providers with facilities financed with tax exempt bonds need to be aware of recent changes to the IRS rules for qualified management contracts. On August 22, 2016, the IRS issued Rev. Proc. 2016-44 which...more

Roetzel & Andress

IRS Eases Safe Harbor Conditions Under Which a Contract with a Hospital Will Not Result in Private Business Use of Tax-Exempt...

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Under federal income tax law, the tax-exempt status of a bond is jeopardized if the proceeds of the bond are used for a private business use. Because hospital facilities are often financed with tax-exempt bonds, hospital...more

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