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Hall Render

Latest from Hall, Render, Killian, Heath & Lyman, P.C.

Hall Render is pleased to announce that Morgan Boyd has joined the firm as an Associate in the Milwaukee office.
Morgan is a health care regulatory attorney who assists health care organizations and providers with navigating complex regulatory and compliance challenges. Clients rely on Morgan for practical, business-focused guidance on a range of health care regulatory issues, including fraud and abuse compliance, provider compensation arrangements and value-based models. She works closely with clients to assess risk, evaluate regulatory requirements…
Continue Reading Morgan Boyd Joins Hall Render’s Milwaukee Office

Senate Enrolled Act 285 (“SEA 285”) will expand the statutory definition of “gravely disabled”. The law also creates a new statutory framework prohibiting unauthorized camping or sleeping on public property. This new misdemeanor expressly requires law enforcement officers to first assess whether emergency detention is appropriate before pursuing criminal penalties under the street-camping provisions. As a result, hospital emergency departments and inpatient psychiatric facilities will see an increase in law-enforcement-initiated transports for emergency detention, particularly where the individual is…
Continue Reading Indiana Law Broadens “Gravely Disabled” Standard Effective July 1, 2026

  • The Veterans Health Administration and HCA occupy the largest amount of REIT- and investor-owned outpatient space, according to a recent Revista post; however, most health systems overwhelmingly favor owner-occupied outpatient space. On the development side, third-party development accounts for about 30% of health system MOB projects, with the remainder being self-developed.
  • High-quality, well-located medical office space is increasingly difficult for health care tenants to secure, with competition intensifying in many markets as demand shifts toward suburban markets. The supply

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    Continue Reading Weekly Hospital Real Estate Briefing: $300M Novant Campus | Baystate/Mercy Announce Transaction | Growing Sale-Leaseback Restrictions

    On May 21, 2026, U.S. Citizenship and Immigration Services (“USCIS”) released a policy memo limiting the issuance of green cards based on adjustment of status to applicants demonstrating the need for extraordinary relief. The policy memo states that adjustment of status should be a discretionary measure, not an expected benefit. Absent extraordinary circumstances, applicants seeking permanent residency should follow the traditional consular visa process in their home country.
    The policy memo applies to applicants who are permitted to seek…
    Continue Reading UPDATE: USCIS Limits Adjustment of Status to Applications Demonstrating Need for Extraordinary Relief

    Artificial Intelligence (“AI”) is rapidly reshaping the way workplaces function, especially in health care. While AI offers meaningful opportunities to streamline employer processes and increase efficiency, its adoption is outpacing the development of legal standards and governance structures. Moreover, a patchwork of state and local laws that seemingly conflict with current federal policy further muddy the waters for employers attempting to assess and navigate the risks associated with AI use in the employment space.
    AI’s Growing Role in Employment…
    Continue Reading Navigating AI in the Workforce Without Clear Legal Guardrails

    The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) posted Advisory Opinion 26-11 (“Advisory Opinion”) on May 20, 2026. This favorable opinion concerns a precision oncology company (“Requestor”) providing free supplemental reports to patients based on its algorithmic analysis, which functions as a Multi-Cancer Detection Test (“Algorithmic Analysis”). Although OIG found that the Arrangement (defined below) implicates both the federal Anti-Kickback Statute (“AKS”) and the Beneficiary Inducements Civil Monetary Penalty Law (“CMP”), OIG approved the…
    Continue Reading OIG Issues Favorable Opinion Allowing Precision Oncology Company to Provide Free Supplemental Reports Displaying Multi-Cancer Detection Test Results

    From time to time, we like to take a break from reporting the headlines and tell you what our real estate attorneys, paralegals and consultants are working on across the country.

  • Senior Housing Projects – We can’t say enough about the high level of senior housing activity right now. The public Real Estate Investment Trusts (“REITs”) are buying everything in sight, or so it seems. We’re working with several regional senior housing developers and operators on the disposition of

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    Continue Reading Weekly Hospital Real Estate Briefing: What’s on Our Desk

    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

    The Department of Justice (“DOJ” or the “Department”) is putting the False Claims Act (“FCA”) on an accelerated track. In a May 27 memorandum, the Department announced a shift toward faster qui tam review, earlier enforcement decisions and more aggressive identification of fraud involving federal benefits programs—signaling a sharper, more streamlined enforcement posture.
    The memorandum follows the March 16 Executive Order Establishing the White House Task Force to Eliminate Fraud and reflects a broader effort to tighten the…
    Continue Reading FCA Enforcement on Fast Forward: DOJ Moves to Speed Reviews and Expand Fraud Recoveries

    Despite acknowledging “weighty” constitutional questions, the Fifteenth Court of Appeals in Texas (the “Court”) refused to halt a Medicaid qui tam action against Novartis, holding that the company’s constitutional challenges to the Texas Medicaid Fraud Prevention Act (“TMFPA”) must be addressed through ordinary appellate review, rather than through extraordinary relief. In re Novartis Pharmaceuticals Corp., No. 15-25-00207-CV (Tex. App.—15th Dist. Apr. 30, 2026).
    Background
    Health Selection Group, LLC (“HSG”) brought a qui tam action against Novartis under the TMFPA,…
    Continue Reading Texas Court Refuses Mandamus Review of Constitutional Challenges to Medicaid Qui Tam Action

    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

    The Centers for Medicare & Medicaid Services’ (“CMS’s”) guidance governing Medicare Advantage marketing practices has continued to evolve over the past several years, with regulatory requirements shifting significantly across administrations. These changes reflect both the ongoing development of health care coverage models and differing policy priorities among governing parties. As a result, organizations involved in Medicare Advantage marketing have faced a regulatory landscape marked by frequent and often substantial revisions.
    Background and Context
    Each fall, CMS releases a proposed…
    Continue Reading CMS Revises Medicare Advantage Marketing Guidance for Scope of Appointment Forms

    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

  • As announced on May 1, WakeMed plans to merge with Atrium Health. However, a recent article reported that UNC Health submitted an unsolicited $5B merger proposal to WakeMed (as compared to the $2B bid offered by Atrium). WakeMed’s board of directors ultimately proceeded with Atrium, citing concerns over market consolidation and reduced health care choice in Wake County.
  • According to a recent survey of design and construction professionals, 62% of respondents said that the health care construction industry is

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    Continue Reading Weekly Hospital Real Estate Briefing: More Info on WakeMed/Atrium Health Merger | Health Care Construction Industry Continues to Grow | AdventHealth Posts $23B in Operating Revenue

    In April, the Centers for Medicare & Medicaid Services (“CMS”) released the FY 2027 Inpatient Prospective Payment System (“IPPS”) Proposed Rule (“Proposed Rule”) to update IPPS payment rates and uncompensated care payments, refine CMS’s definition of new GME residency programs, request input on new quality measures, expand the joint replacement payment model, CJR-X, on a nationwide basis and introduce quality measures into the Transforming Episode Accountability Model (“TEAM”) program.
    Increase to Payment Rates Under the IPPS
    Following a rebasing…
    Continue Reading CMS Publishes FY 2027 IPPS Proposed Rule

    If you’ve been watching the real estate news over the past two years, you have probably noticed an increase in senior housing transactions. A number of the health care real estate investment trusts (“REITs”) and specialty REITs that have historically focused on nursing homes have pivoted to investing in senior housing communities that offer independent living, assisted living and memory care services. It seems like the major real estate investors can’t get enough of senior housing.

    We’ve seen it…
    Continue Reading Weekly Hospital Real Estate Briefing: 5 Reasons Why Hospital Systems Should Consider a Senior Housing Partnership