Regulatory

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A major Supreme Court decision could reshape how federal workplace agencies operate and how quickly their priorities can change from one administration to the next.

On June 29, 2026, the Supreme Court overruled a 91-year-old precedent and held that the president may remove the heads of independent federal agencies at will.

Although Trump v. Slaughter focuses on the Federal Trade Commission (FTC), its impact could extend to the agencies employers face every day, including the National Labor Relations

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Continue Reading What the Supreme Court’s Trump v. Slaughter Decision Means for the NLRB,the EEOC, and Employers

The Centers for Medicare & Medicaid Services (“CMS”) has announced the nationwide implementation of a new Risk-Based Survey (“RBS”) process for qualifying nursing homes beginning September 8, 2026. CMS Memorandum QSO-26-14-NH explains that the RBS is intended to allow State Survey Agencies (“SAs”) to use fewer survey resources at higher-performing facilities and redirect resources toward complaint investigations and facilities where residents may face greater risk of harm.

CMS estimates that approximately 12% of nursing homes nationwide currently qualify. Qualifying…
Continue Reading Skilled Nursing Update: CMS Implements Nationwide Risk-Based Surveys For Higher-Performing Skilled Nursing Facilities

The U.S. Food and Drug Administration (“FDA”) is seeking public input as it prepares its 2026 report on the risks and benefits to health associated with non-device software functions, including their impact on patient safety and related best practices. Stakeholders have only about one month to submit comments, which are due by August 13, 2026, under Docket No. FDA-2018-N-1910. FDA’s 2026 report will update the findings of its December 2024 Report on Risks and Benefits to Health of …
Continue Reading FDA Requests Input on Non-Device Software Functions and Patient Safety; Brief Comment Period Now Open

On April 30, 2026, at the Health Care Compliance Association’s 2026 Compliance Institute, the U.S. Department of Health and Human Services Office of Inspector General (“OIG”) introduced its updated Corporate Integrity Agreement (“CIA”) template, using the Kinex Medical Company CIA as its model. The updated template retains the core elements of an effective compliance program while introducing significant enhancements that reflect OIG’s evolving compliance expectations.
Evolution of Corporate Integrity Agreements and Compliance Program Requirements
The new CIA template introduces…
Continue Reading OIG’s New CIA Template Enhances Compliance Obligations for Health Care Organizations

Summer is in full swing across Wisconsin. Lakefront and riverfront property owners have their piers in, boats are on the water, and families are making the most of the season. It is also the time of year when disputes between neighbors begin to surface, most often over where a pier may be placed, and how each owner is permitted to access the water.

While the basic concept of riparian rights has not changed, recent developments make one thing increasingly…
Continue Reading What Are Riparian Rights and Why Are They Important? (2026 Update)

The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently issued Advisory Opinion 26-15 addressing a subscription-based referral management software platform used during hospital discharge planning. OIG concluded that, under the facts presented, the arrangement could generate prohibited remuneration under the Federal Anti-Kickback Statute (“AKS”) because providers paying subscription fees received a competitive advantage in obtaining referrals for federally reimbursable services.

Although advisory opinions apply only to the requesting parties, Advisory Opinion 26-15 reflects OIG’s…
Continue Reading Post Acute Update: HHS-OIG Issues Unfavorable Advisory Opinion on Subscription-Based Referral Management Software

On Monday, June 22, 2026, the U.S. Department of Health and Human Services (“HHS”) announced Operation TrialBlazer, a coordinated department-wide initiative aimed at promoting clinical research leadership and engagement in the United States. The initiative emphasizes the growth of early-stage clinical research overseas, with HHS acknowledging the threat to “America’s position as a global leader.” See Operation TrialBlazer, HHS Roadmap to Maintaining U.S. Leadership in Early Clinical Research and Development, Executive Summary p. 2-3.

HHS indicated that Operation TrialBlazer…
Continue Reading HHS’s Operation TrialBlazer

Following a series of hospital sale-leaseback transactions that preceded bankruptcy filings in 2024 and 2025, lawmakers at both the federal and state levels have taken notice. In response, legislators have introduced measures aimed at regulating, or increasing oversight of, certain health care real estate transactions.

These efforts seek to protect community hospitals from transactions that may weaken their finances, shift disproportionate value to private-sector investors or jeopardize access to essential services by saddling providers with long-term lease obligations.

As…
Continue Reading Weekly Hospital Real Estate Briefing: A Flurry of Legislation Restricting Hospital Real Estate Transactions – What You Need to Know

The U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) has issued a meaningful Request for Information (“RFI”) seeking stakeholder input on potential new or modified Anti-Kickback Statute (“AKS”) regulatory safe harbors and Beneficiary Inducements Civil Monetary Penalty (“CMP”) exceptions for remuneration to clinical trial participants. The RFI was published as part of HHS’s Operation TrialBlazer, a coordinated department-wide initiative aimed at promoting clinical research leadership and engagement in the United States, including a push…
Continue Reading OIG Issues RFI on Anti-Kickback Statute Safe Harbors for Clinical Trial Participant Remuneration – Comments Due August 24, 2026

We have all been waiting, with something close to bated breath, for a fix to the looming closure of the THC “loophole” in November. Today, we at least have a small glimmer of potential hope worth watching.

Rep. Beth Van Duyne of Texas has circulated a draft bill called the Hemp-Derived Beverage Regulatory Clarity Act. You can read the draft bill here.

At a high level, the bill would put hemp beverages under the authority of the Alcohol…
Continue Reading Hemp Beverage Update and Potential TTB Oversight

As Eliminating Kickbacks in Recovery Act (“EKRA”) enforcement continues to expand, the United States District Court for the Southern District of California in United States v. Simons  offers an early look at how courts may handle the evidentiary and testimonial issues likely to arise in future prosecutions. On May 1, 2026, the Court issued an Order on the parties’ motions in limine (the “Order”) providing practical guidance on the admissibility of charged terminology, the permissible scope of fact and…
Continue Reading United States v. Simons: Key Evidentiary Guidance in an Emerging Area of EKRA Enforcement

Workers at the construction site
Architects and investors meeting at the construction site, on top of the residential building under construction.

Wisconsin’s recently enacted 2025 Act 173, commonly referred to as the “Truth in Planning” law, introduces important changes to the relationship between comprehensive planning and zoning for municipalities. Act 173 represents a meaningful shift in Wisconsin land use law and reflects broader policy objectives related to housing availability and affordability. By requiring municipalities to plan for residential development in a more detailed and transparent manner, the legislature intended the updated statutes to reduce uncertainty and facilitate the construction of…
Continue Reading Truth in Planning Law Changes Planning and Zoning for Municipalities

Wisconsin joins the growing list of states granting Advanced Practice Registered Nurses (“APRNs”) full practice authority. Passed in early August 2025, the APRN Modernization Act (the “Act”) will take effect on September 1, 2026, and the license of qualified advanced practice nurses will no longer require that they practice in a collaborative arrangement with a physician or dentist. However, questions still remain regarding how this new law will interact with certain government and commercial payor requirements.

Historically, Wisconsin provided…
Continue Reading REMINDER: Wisconsin’s APRN Modernization Act Becomes Effective September 1

On April 30, 2026, the U.S. Department of Justice (“DOJ”) announced the creation of the West Coast Health Care Fraud Strike Force to target health care fraud in Silicon Valley. Specifically, the strike force unites the District of Arizona, District of Nevada and Northern District of California Health Care Fraud Divisions.
Background
The Health Care Strike Force program is a traditional DOJ enforcement model that adds resources from other federal Districts to supplement the enforcement target. The Health Care…
Continue Reading DOJ Announces New Strike Force Targeting Health Care Fraud on West Coast

On May 22, 2026, the Centers for Medicare & Medicaid Services (“CMS”) published a proposed rule regarding both Medicaid State directed payments (“SDPs”) and Medicaid fee-for-service reimbursement. The proposed rule is based on two distinct but reinforcing authorities: (i) section 71116 of H.R. 1 (a/k/a the “One Big Beautiful Bill Act”); and (ii) the Presidential Memorandum titled “Eliminating Waste, Fraud, and Abuse in Medicaid” (effective June 6, 2025).

The proposed rule would implement section 71116 by revising the SDP…
Continue Reading New CMS Proposed Rule Would Impose a Payment Limit on Additional State Directed Payments and Establish a Payment Limit for ‘Targeted’ Medicaid Fee-for-Service Payments

FMLA family medical leave act symbol. Concept words FMLA family medical leave act on wooden blocks on beautiful wooden background. Medical FMLA family medical leave act concept.
FMLA family medical leave act symbol. Concept words FMLA family medical leave act on wooden blocks on beautiful wooden background. Medical FMLA family medical leave act concept.

When a key employee takes FMLA leave under the federal Family and Medical Leave Act (FMLA), staying in touch may feel necessary to keep business operations running. But what many employers underestimate is that liability under the FMLA extends well beyond denying leave for an unlawful reason. It can arise from everyday decisions about communication, workload, and expectations during that leave.

Courts across the country continue to see a steady stream of litigation from employees who claim their employers

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Continue Reading OOTO but Not Out of the Woods: Legal Risks for Employers During and After FMLA Leave