FTC Announces Formation of Healthcare Task Force
On March 20, 2026, Federal Trade Commission (“FTC”) Chairman Andrew Ferguson announced the formation of an internal Healthcare Task Force (the “Task Force”) and, in a memorandum issued the same day, directed the FTC’s Bureaus of Competition, Consumer Protection, and Economics, along with the Office of Policy Planning and the Office of Technology, to form the Task Force with the intention of coordinating the FTC’s existing health care enforcement and advocacy efforts across the agency.
What the Task Force
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HHS Finalizes HIPAA Standards for Health Care Claims Attachments and Electronic Signatures and Signals More Regulatory Updates in 2026
On March 24, 2026, the U.S. Department of Health and Human Services (“HHS”), through the Centers for Medicare & Medicaid Services (“CMS”), published a long‑anticipated final rule adopting national Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) standards for health care claims attachments transactions and electronic signatures (the “Final Rule”). The Final Rule is intended to modernize HIPAA transactions by establishing standards for the electronic exchange of clinical documentation used to support health care claims and related inquiries
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Ninth Circuit Permits 340B-Based FCA Claims to Proceed Despite Lack of Private Right of Action
In a significant decision with implications for 340B enforcement and False Claims Act (“FCA”) whistleblower litigation, the United States Court of Appeals for the Ninth Circuit (the “Court”) held on March 17, 2026, that a health system (the “System”) may proceed with its qui tam action alleging that pharmaceutical manufacturers engaged in fraudulent price-inflation schemes under the 340B Drug Pricing Program (“340B”), in violation of the FCA. United States ex rel. Adventist Health System of West v. AbbVie, et
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Fifth Circuit Denies FTC Stay: HSR Filings Revert to Old Form Effective Immediately
On March 19, 2026, the U.S. Court of Appeals for the Fifth Circuit denied the Federal Trade Commission’s (“FTC”) motion for a stay pending appeal of the U.S. District Court for the Eastern District of Texas’s (the “District Court”) decision vacating the FTC’s 2024 Final Rule (the “2024 Rule”) revising the Hart‑Scott‑Rodino (“HSR”) premerger notification requirements, including the HSR premerger notification form and instructions. As a result, the District Court’s judgment is effective immediately.
Background
As discussed in our
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Conducting Effective Peer Review Investigations
Peer review investigations are a cornerstone of medical staff oversight. They protect patient safety, uphold professional standards and ensure compliance with federal law, state law and accreditation requirements. When concerns arise about a practitioner’s clinical competence or professional conduct, the process must be deliberate, fair and well-documented. Below are key considerations for conducting an effective investigation.
Key Points
Corrective Action vs. Routine Review
Corrective action is not routine review—it is a formal process triggered by concerns about clinical performance
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Weekly Hospital Real Estate Briefing: Sale-Leaseback Volume Rebounds | CON Updates in MS and TN | Hall Render Hosting ASC Webinar
Tenth Circuit Affirms OSHA Authority to Cite Health Care Employers for Workplace Violence Incidents Under the General Duty Clause
The Tenth Circuit recently issued two companion decisions confirming the Occupational Safety and Health Administration’s (“OSHA”) authority to cite employers for workplace violence hazards under the General Duty Clause of the Occupational Safety and Health Act, 29 U.S.C. § 654(a)(1) (“General Duty Clause”). In both cases, the Tenth Circuit upheld OSHA’s enforcement actions and the citations issued in connection with workplace violence incidents in a psychiatric hospital.
Case Background
Both cases stem from OSHA’s investigation into a psychiatric hospital
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What to Do When Your Prior Authorization Is Denied – and When to Call a Lawyer
Across the country, lawmakers are increasingly scrutinizing a health insurance practice that frustrates patients and doctors alike: prior authorization. A recent report by NPR highlights how states are stepping in with new laws designed to curb delays, reduce denials, and hold insurers accountable. For patients, this shift could be the difference between getting timely care and facing dangerous delays. But even with these reforms, wrongful denials still happen—especially as insurers increasingly rely on automated systems and artificial intelligence.
This
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Health Care Privacy Law Takeaways for a Compliant 2026: Pay Attention to Patient Concerns
Once again, 2025 was a busy year for health care data privacy. Ensuring up-to-date and compliant data privacy and security programs and being able to assess, understand and adapt to the risk of evolving technologies will remain critically important in 2026. We continue to await updated regulations under both the Health Insurance Portability and Accountability Act (“HIPAA”) of 1996 and the Information Blocking Rule, both of which are subject to proposed rules likely to be finalized this year, which
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Weekly Hospital Real Estate Briefing: Five Takeaways from Our Hospital Campus Development Trends Webinar
On March 12, we hosted a webinar titled Hospital Campus Development: Current Deals, Trends and Insights Learned Along the Way. To watch a video replay of the webinar and to get copies of our slides, click here.
Here are our top five takeaways from the webinar:
CMS Issues Guidance Clarifying OPO and Donor Hospital Responsibilities During the Organ Donation Process
On March 11, 2026, the Centers for Medicare & Medicaid Services (“CMS”) issued a Quality, Safety & Oversight (“QSO”) memorandum and related updates to the State Operations Manual (“SOM”) interpretive guidance clarifying and reinforcing existing responsibilities of organ procurement organizations (“OPOs”) and donor hospitals throughout the organ donation process. While the memorandum largely reiterates existing regulatory requirements, CMS also clarifies expectations regarding regulatory compliance, oversight of OPO activities and appropriate collaboration among OPOs and donor hospitals. OPOs and donor
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Medicare Advantage Industry Segment-Specific Compliance Program Guidance Issued
The U.S. Department of Health & Human Services Office of Inspector General (“OIG”) has long been the north star for health care entities seeking guidance on creating and implementing an effective compliance program. As the author of the General Compliance Program Guidance (“GCPG”), OIG has used its years of investigative and oversight experience with health care entities to identify and recommend best practices for a wide range of entities in the U.S. health care industry.
To further OIG’s assistance
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Who Can File and Maintain a Divorce When a Client is Incapacitated?
While a client who has capacity can clearly file a divorce action, what happens when the client has capacity issues?
This is becoming more common as we see older adults divorcing, especially those in second marriages whose adult children do not get along. A case can be dismissed where the person filing does not have capacity to see.[1] “It is an accepted principle of law that an action cannot be maintained by one who has no capacity to
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Indiana Appeals Court Affirms Patient’s Ongoing Refusal of Treatment and History of Mental Illness Can Establish Grave Disability
The Indiana Court of Appeals recently affirmed a regular commitment to a state hospital of a gravely disabled patient based on evidence that the patient’s symptoms impaired his judgment and his refusal to take medication and behavior demonstrated his inability to function independently. In re Commitment of G.S. v. Richmond State Hosp., No. 25A-MH-2033, 2026 WL 555535 (Ind. Ct. App. Feb. 27, 2026) (mem.).
Background
G.S. had a long history of mental health treatment and involvement with the
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CMS Issues Sweeping Anti-Fraud RFI Under New CRUSH Initiative
The Centers for Medicare and Medicaid Services (“CMS“) issued a wide-ranging Request for Information (“RFI”) on February 26, which could reshape current program integrity efforts to prevent and detect fraud, waste and abuse in government health care programs. CMS, under its new Comprehensive Regulations to Uncover Suspicious Healthcare (“CRUSH”) initiative, is seeking stakeholder input on potential regulatory and operational changes aimed at strengthening program integrity across Medicare, Medicaid, CHIP and the Health Insurance Marketplace (“Marketplace”). The RFI spans topics
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