The Indiana Court of Appeals (the “Court”) recently reversed a regular commitment for a schizophrenic patient because the hospital failed to offer any evidence that the patient was dangerous to himself or others and that he was unable to function independently. The Court found the hospital did not present clear and convincing evidence. In re. Matter of Civil Commitment J.A., No. 26A-MH-606 (Ind. Ct. App. Sept. 18, 2026).
Background
J.A. has received care for schizophrenia since at least
Continue Reading Indiana Court of Appeals Reverses Regular Commitment Due to Insufficient Evidence
Hall, Render, Killian, Heath & Lyman, P.C. Blogs
Latest from Hall, Render, Killian, Heath & Lyman, P.C.
Federal Court Upholds CMS’s OPO Performance Rule but Allows Earlier Judicial Challenges
On September 29, 2026, in LifeLink Foundation, Inc. v. Kennedy, the U.S. District Court for the Middle District of Florida (the “Court”) upheld the Centers for Medicare & Medicaid Services (“CMS”) 2020 rule governing Organ Procurement Organization (“OPO”) performance measures and tier classifications (the “Final Rule”). The decision rejects one significant legal challenge to the Final Rule and, for now, leaves the current framework in place for the 2026–2030 recertification cycle, although other lawsuits challenging the framework remain
Continue Reading Federal Court Upholds CMS’s OPO Performance Rule but Allows Earlier Judicial Challenges
Illinois Assisted Living Update: New Assessment, Dementia Care and Enforcement Requirements
The Illinois General Assembly recently enacted HB 3392, which amends several provisions of the Illinois Assisted Living and Shared Housing Act (“Act”). The legislation imposes new assessment requirements, modifies qualifications for assisted living directors, updates medication administration provisions, revises dementia care requirements and strengthens enforcement authority for repeated compliance deficiencies. The law took effect immediately upon becoming law on July 24, 2026. HB 3392 continues Illinois’ recent efforts to modernize the Act, following 2025 reforms addressing resident rights,
Continue Reading Illinois Assisted Living Update: New Assessment, Dementia Care and Enforcement Requirements
DOJ Memo Sharpens Its Corporate Fraud Focus: Insights from the National Fraud Enforcement Division on Its Corporate Enforcement Priorities
On October 1, 2026, Colin M. McDonald, Assistant Attorney General for the National Fraud Enforcement Division (“NFED” or the “Fraud Division”), issued a memorandum (the “Memo”) announcing key priorities of the Fraud Division’s Corporate Enforcement Section. The Memo follows significant changes to internal U.S. Department of Justice (“DOJ”) workflows for criminal fraud enforcement and the creation of a standalone NFED earlier in 2026.
Corporate misconduct, including health care, was among the five enforcement priorities previously announced for the NFED.
Continue Reading DOJ Memo Sharpens Its Corporate Fraud Focus: Insights from the National Fraud Enforcement Division on Its Corporate Enforcement Priorities
OIG Clarifies That Stark Law Compliance and Fair Market Value Alone Do Not Resolve Anti-Kickback Statute Risk
In revisions released earlier this year to its General Questions Regarding Certain Fraud and Abuse Authorities, the Office of Inspector General (“OIG”) emphasized that compliance with the physician self-referral law (“Stark Law”) does not automatically resolve risk under the federal Anti-Kickback Statute (“AKS”). Furthermore, OIG clarified that fair market value (“FMV”) compensation, by itself, does not preclude potential AKS liability.
Hospitals, physician groups, labs and other provider entities should note this guidance to ensure AKS compliance when entering
Continue Reading OIG Clarifies That Stark Law Compliance and Fair Market Value Alone Do Not Resolve Anti-Kickback Statute Risk
DOJ Revises Justice Manual to Strengthen False Claims Act Enforcement
The U.S. Department of Justice (“DOJ”) recently revised its Justice Manual to strengthen its approach to False Claims Act (“FCA”) enforcement. The revisions address two issues particularly relevant to FCA defendants: the use of sub-regulatory guidance and DOJ’s consideration of dismissing declined qui tam actions.
DOJ Reinforces Limits on Sub-Regulatory Guidance
The revised Justice Manual builds on an older policy, reintroduced in 2025, providing that sub-regulatory guidance cannot create legal obligations or serve as the sole basis for
Continue Reading DOJ Revises Justice Manual to Strengthen False Claims Act Enforcement
Increased H-1B Scrutiny: $100,000 Fee Extended and New Employer Layoff Considerations Announced
On September 18, 2026, President Trump issued two related measures affecting the H-1B program—a Proclamation extending the $100,000 H-1B fee to certain H-1B workers and an Executive Order directing federal agencies to strengthen H-1B oversight, including by considering employers’ recent or planned layoffs of similarly situated U.S. workers.
The $100,000 fee, which applies to certain H-1B beneficiaries outside of the United States without a valid H-1B visa, was set to expire on September 21, 2026. The new Proclamation extends
Continue Reading Increased H-1B Scrutiny: $100,000 Fee Extended and New Employer Layoff Considerations Announced
Connor Reed Joins Hall Render’s Milwaukee Office
Hall Render is pleased to announce that Connor Reed has joined the Firm in its Milwaukee office.
Connor is a health care regulatory and transactions attorney who advises hospitals, health systems and physician organizations on the compliance and contracting issues that come up in their day-to-day operations. Prior to joining Hall Render, Connor worked as a consultant in Washington, D.C.
Connor is admitted to practice in Wisconsin and is a member of the American Health Law Association and the
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Taylor Moorer Joins Hall Render’s Washington, D.C. Office
Hall Render is pleased to announce that Taylor Moorer has joined the Firm in its Washington, D.C. office.
Taylor is a health care regulatory attorney who advises providers on compliance matters, with a particular focus on fraud and abuse laws. She helps clients interpret and apply complex federal and state health care regulations while navigating evolving compliance requirements. Drawing on her experience as a Health Law Fellow at MedStar Health, Taylor also brings practical insight into regulatory, transactional and operational
Continue Reading Taylor Moorer Joins Hall Render’s Washington, D.C. Office
Weekly Hospital Real Estate Briefing: UPMC Expands in Ohio | Bentonville’s $700M Medical Campus | $531M Outpatient Portfolio Sale
Survey Snapshot
We received over 60 responses to our recent hospital real estate executive survey. Over the next few weeks, we will highlight some of the noteworthy and surprising results on current trends, strategic priorities and challenges facing hospital real estate professionals.
When asked, “What are your organization’s top real estate priorities in 2027?,” one priority stood out: outpatient expansion.
Our Take: Outpatient and ASC expansions are nothing new but are decidedly here to stay in 2027. Health systems are finding
Continue Reading Weekly Hospital Real Estate Briefing: UPMC Expands in Ohio | Bentonville’s $700M Medical Campus | $531M Outpatient Portfolio Sale
Weekly Hospital Real Estate Briefing: MOB Cap Rates Remain Stable | $1.1B Philanthropic Donation to Providence St. Vincent | KU Acquiring St. Francis in Topeka
Eleventh Circuit Rejects Constitutional Challenge to the False Claims Act’s Qui Tam Provision
The Eleventh Circuit recently rejected a challenge to the constitutionality of the False Claims Act’s (“FCA”) qui tam provisions, holding that whistleblowers who bring FCA actions are not “Officers of the United States” subject to the Constitution’s Appointments Clause. United States ex rel. Zafirov v. Florida Medical Associates, No. 24-13581, 2026 WL 2581886 (11th Cir. Sept. 1, 2026).
Background
The relator brought an FCA action alleging Medicare fraud. The defendants moved to dismiss, arguing that the FCA’s qui tam
Continue Reading Eleventh Circuit Rejects Constitutional Challenge to the False Claims Act’s Qui Tam Provision
DOJ Announces Increased Focus on Health Care Fraud Enforcement
The U.S. Department of Justice (“DOJ”) recently issued a memorandum announcing the priorities of its newly established National Fraud Enforcement Division (the “Division”), identifying health care fraud as a key enforcement focus. The Division was created to combat fraud and will concentrate its efforts on public trust and financial integrity, health care, internal revenue, global trade and commerce and corporate misconduct.
According to the DOJ, an estimated 3% to 10% of annual health care spending is lost to fraud.
Continue Reading DOJ Announces Increased Focus on Health Care Fraud Enforcement
CMS Modernizes Medicare Coverage for TAVR
On September 10, 2026, the Centers for Medicare and Medicaid Services (“CMS”) issued a Decision Memorandum, finalizing significant updates to Medicare’s National Coverage Determination (“NCD”) for Transcatheter Aortic Valve Replacement (“TAVR”). The updated NCD makes sweeping changes as it expands coverage, reduces procedural restrictions and gives hospitals increased flexibility in organizing and delivering TAVR services.
TAVR’s Background and Evolution
TAVR is a minimally invasive alternative to Surgical Aortic Valve Replacement for patients with aortic stenosis. During TAVR, a
Continue Reading CMS Modernizes Medicare Coverage for TAVR
Remembering Jeffrey “Jeff” Peek
Hall Render mourns the loss of our friend, colleague and former Managing Partner, Jeffrey “Jeff” Peek.
Jeff was among the early attorneys whose leadership, vision and dedication helped shape Hall Render’s growth and success for decades. Working alongside Terry Heath and Steve Lyman, Jeff played an instrumental role in building the Firm and establishing the culture of excellence, collaboration and client service that continues to define Hall Render today.
Throughout his 43-year career, Jeff earned a reputation as a
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Indiana Post-Acute Update: Indiana Enacts Significant Medicaid Reforms Affecting Long-Term Care and HCBS Providers
Indiana has enacted House Enrolled Act 1277 (“HEA 1277”), a Medicaid reform law that significantly changes the state’s PathWays for Aging program and other long-term services and supports. While many provisions of this law took effect July 1, 2026, the transition of certain long-stay nursing facility residents from managed care to fee-for-service Medicaid will begin July 1, 2027.
Long-Stay Nursing Facility Residents Will Transition to Fee-for-Service Medicaid
Beginning July 1, 2027, an individual who has received nursing facility services
Continue Reading Indiana Post-Acute Update: Indiana Enacts Significant Medicaid Reforms Affecting Long-Term Care and HCBS Providers