News & Analysis as of

Hospitals Physicians Ambulatory Surgery Centers

Bradley Arant Boult Cummings LLP

New Healthcare Practitioner Non-Compete Provisions Effective September 1, 2025

On June 20, 2025, Texas enacted SB 1318, modifying the criteria for enforceable healthcare practitioner non-competes in the Texas Business and Commerce Code. The modifications (1) limit the scope of enforceable physician...more

Bass, Berry & Sims PLC

Healthcare Trends & Transactions Q2 2025

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The healthcare mergers and acquisitions (M&A) market remained active in Q2 2025, with several sectors including physician practice management (PPM), clinical research, and digital health experiencing continued investment and...more

Bass, Berry & Sims PLC

Healthcare Trends & Transactions Q1 2025

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The healthcare mergers and acquisitions (M&A) market began 2025 with a slower start than expected given the easing headwinds and building momentum at the end of last year, with the number of deals reported in Q1 lower than...more

Bradley Arant Boult Cummings LLP

Alabama CON Report - January 2025

I. Certificate of Need Program - A. Contested Case: AL2024-008, Southern Orthopaedic Surgery Center, LLC, Montgomery County, AL: Proposes to develop a freestanding, non-hospital-based, limited multi-specialty ambulatory...more

Dinsmore & Shohl LLP

New Ohio Law Tightens Mandatory Reporting Following Dr. Strauss Report

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Legislation signed by Ohio Governor Mike DeWine on December 20, 2024 will significantly expand mandatory reporting duties for professionals and facilities. These changes, and others from Ohio Substitute Senate Bill 109, not...more

Parker Poe Adams & Bernstein LLP

How Certificate of Need Reform Is Impacting Ambulatory Surgery Centers and What it Means for Your Business

Recent Certificate of Need (CON) reform will likely lead to increased activity in ambulatory surgery center (ASC) transactions and expansion. As we covered in a Parker Poe webinar this week, North Carolina, South Carolina,...more

Maynard Nexsen

The Impact of CON Repeal, DHEC Changes, and Ongoing Considerations

Maynard Nexsen on

South Carolina ASCs Have a Number of Changing Regulatory Requirements Pending – Stakeholders Should Take Notice - In May of 2023, the South Carolina General Assembly unanimously passed S. 164 and the Governor signed the...more

Bass, Berry & Sims PLC

Healthcare Trends & Transactions Q3 2023

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After steadying during Q2, it appears the overall volume of deals in the healthcare industry declined in Q3 compared with Q2, and year-to-date 2023 is still down from last year. A slumping economy has no doubt played a large...more

Holland & Knight LLP

OIG Says Proposed Neurological Monitoring Arrangement Creates Kickback Risk

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The U.S. Department of Health and Human Services Office of Inspector General (OIG) issued an unfavorable Advisory Opinion on Aug. 15, 2023, involving an intraoperative neuromonitoring (IONM) services arrangement. The Advisory...more

Bass, Berry & Sims PLC

Healthcare Trends & Transactions Q2 2023

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The healthcare M&A market appears to be steadying. Although deal activity through the year appears slightly below the high-water marks for the corresponding period of 2022, deal activity is generally up from the first quarter...more

Goodwin

Starting in April 2024, California Joins Growing Trend of Implementing Advance Review Processes for Healthcare Transactions

Goodwin on

With the passage of SB-184 (the “Bill”), California — like Maine, New York, and several other states — has addressed “pervasive” mergers and acquisitions across the healthcare industry by requiring prior notice to regulators...more

Bass, Berry & Sims PLC

Healthcare Transactions Q3 2022

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Although healthcare M&A activity in Q3 declined slightly from the previous quarter, analysts believe the activity level declined much less than expected given the numerous headwinds—inflation, rising interest rates, labor...more

Bass, Berry & Sims PLC

Healthcare Transactions Q2 2022

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With some exceptions, healthcare M&A activity is down this year compared to the record-breaking highs of 2021. Those exceptions include the hospital sector, which is still seeing fewer but significantly larger (i.e., billion...more

Bass, Berry & Sims PLC

CMS Proposes New Stark Law Exception for Rural Emergency Hospitals

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On July 15, the Centers for Medicare & Medicaid Services (CMS) published the Calendar Year 2023 Hospital Outpatient Prospective Payment System (OPPS) and Ambulatory Surgery Center (ASC) Payment System proposed rule...more

Bass, Berry & Sims PLC

Healthcare Transactions Q1 2022

Bass, Berry & Sims PLC on

2022 started strong for healthcare transactions with some reports suggesting a record-breaking January. Although deal activity cooled in February and March, transaction pipelines still indicate that 2022 is on pace to match...more

Bowditch & Dewey

New CMS Regulations Mandating Vaccination of Health Care Facility Staff

Bowditch & Dewey on

On November 5, 2021, the Centers for Medicare & Medicaid Services (“CMS”) issued an interim final rule requiring that a wide variety of providers and suppliers participating in the Medicare program ensure their staff are...more

Bass, Berry & Sims PLC

Healthcare Transactions Q2 2021

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Following a record-breaking first quarter, merger and acquisition (M&A) activity within the healthcare industry kept pace during the second quarter of 2021, showing no signs of slowing. Although the volume of deal activity...more

Fisher Phillips

California Mandates COVID-19 Vaccine for Healthcare Workers

Fisher Phillips on

After announcing last week that healthcare workers (and state employees) will soon be required to either provide proof of vaccination or submit to weekly or bi-weekly COVID-19 testing, California issued an additional order...more

McGuireWoods LLP

OIG Advisory Opinion Allows ASC Joint Venture by Management Company and Hospital-Employed Physicians

McGuireWoods LLP on

On April 29, 2021, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a favorable advisory opinion regarding the development and investment of an ambulatory surgery center (ASC) owned...more

Bass, Berry & Sims PLC

Healthcare Transactions Q1 2021

If there were any doubts about the resilience of the healthcare industry and its ability to withstand a global pandemic, those doubts have been put to rest. After showing signs of recovery in the second half of 2020,...more

Benesch

Dialysis & Nephrology Digest - March 2021

Benesch on

Fresenius to defend itself from FCA suit following whistleblower allegations - A former employee alleges Fresenius engaged in arrangements with hospitals and nephrologists to ensure patient referrals to its dialysis...more

Bass, Berry & Sims PLC

Healthcare Transactions: Year in Review - January 2021

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2020 was a tumultuous year for the healthcare industry, which continues to confront the effects of the COVID-19 pandemic. Despite these unprecedented and unpredictable times, healthcare merger and acquisition (M&A) activity...more

Butler Snow LLP

Mississippi Legislature Appropriates CARES Act Funds for Healthcare Providers

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Section 5001 (Division A, Title V) of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) passed by Congress earlier this year established the $150 billion Coronavirus Relief Fund (“Relief Fund”). Under this...more

Hinshaw & Culbertson - Health Care

Practical Considerations for Hospitals and Ambulatory Surgery Centers Resuming Elective Surgical Services

On April 19, 2020, the Centers for Medicare & Medicaid Services (CMS) published recommendations for re-opening facilities to provide non-emergent non-COVID-19 health care services.[1] The recommendations provide guidance for...more

Hinshaw & Culbertson - Health Care

Re-Starting Non-Emergent, Non-COVID 19 Treatment

The Centers for Medicare and Medicaid Services (CMS) recently issued recommendations regarding reopening facilities to provide non-emergent, non-COVID-19 health care. CMS recognizes that as states and localities begin to...more

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