On October 3, 2025, the Ninth Circuit issued an opinion reversing the district court’s decision granting summary judgment on an age discrimination lawsuit filed by three plaintiffs against Circle K. Circle K had won the case on summary judgment, with the district court’s opinion based largely on the fact that the three plaintiffs had not applied for the director position at issue and thus could not establish a prima facie case of age discrimination, because a necessary element of
Continue Reading Ninth Circuit Age Discrimination Case Reiterates Importance of Promotion Policies
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Weekly Hospital Real Estate Briefing: $48M PILOT Deal with Hospitals and Universities in Baltimore | Clarksville Population Growth Attracts New Hospitals | Regional One Announces Location of New Academic Medical Center
NADOHE v. Trump Update: Oral Arguments Suggest Anti-DEI Executive Orders May Survive Legal Challenge
The Fourth Circuit Court of Appeals (“Fourth Circuit”) recently heard oral arguments in National Association of Diversity Officers in Higher Education v. Donald Trump (“NADOHE v. Trump”), a case challenging the constitutionality of certain aspects of President Trump’s anti-diversity, equity and inclusion (“DEI”) executive orders, including Executive Order 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing, and Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (collectively, the “EOs”). The Fourth Circuit previously granted
Continue Reading NADOHE v. Trump Update: Oral Arguments Suggest Anti-DEI Executive Orders May Survive Legal Challenge
Weekly Hospital Real Estate Briefing – Sept. 29
Continue Reading Weekly Hospital Real Estate Briefing – Sept. 29
DOJ and HHS Intensify Health Care Fraud Action with FCA Enforcement Group
In an effort to intensify their efforts against health care fraud, the U.S. Department of Justice (“DOJ”) and the Department of Health and Human Services (“HHS”) announced on July 2, 2025, the creation of a DOJ-HHS False Claims Act (“FCA”) Working Group (the “Working Group”). While DOJ and HHS have a long history of collaborative work under the FCA, this initiative signals a heightened and coordinated focus on investigating and prosecuting health care fraud. The Working Group aims
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Weekly Hospital Real Estate Briefing: Fed Lowers Interest Rates | Cleveland Clinic Closes $350M Sale-Leaseback | ASCs Poised for Growth
FTC Not Finished with Non-Competes in Health Care – Issues Press Release and ‘Warning’ Letters to Some Health Care Entities
On September 10, 2025, the Federal Trade Commission (“FTC”) issued a press release announcing that letters were sent to health systems and health care staffing companies warning against the use of “unreasonable” non-compete clauses or other restrictive covenants in their employment agreements. The letters also strongly suggest that recipients conduct a review of their employment agreements to ensure they comply with applicable laws. Though on September 5, 2025, the FTC voted to withdraw from its defense of the Biden-era
Continue Reading FTC Not Finished with Non-Competes in Health Care – Issues Press Release and ‘Warning’ Letters to Some Health Care Entities
Sixth Circuit Rejects FCA Claims Involving ‘Incident to’ Services and Implied Certification Theories
In United States ex rel. O’Laughlin v. Radiation Therapy Services, P.S.C., the Sixth Circuit (also referred to as the “Court”) recently affirmed dismissal of a relator’s False Claims Act (“FCA”) action, concluding that he failed to plead or prove with particularity that radiation service providers submitted false claims for radiation or chemotherapy services, relying instead on misguided faulty regulatory interpretations, unreliable evidence and abandoned arguments.
Background
The FCA, codified at 31 U.S.C. §§ 3729-3733, empowers private individuals, known
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Travel Restrictions on the Rise: Why Employers Should Advise Caution
On June 9, 2025, the Trump Administration’s sweeping travel ban took effect, suspending entry for citizens of twelve countries and imposing partial restrictions on nationals from seven more.[1] The measure was introduced as part of a broader effort to address national security and vetting concerns, signaling that the restrictions were only the beginning of a broader enforcement approach.
Escalation of U.S. Travel Restrictions
Since the initial ban, the Administration has escalated its efforts. In late June, the White
Continue Reading Travel Restrictions on the Rise: Why Employers Should Advise Caution
Weekly Hospital Real Estate Briefing: Rise in Hospital Reverse Monetizations of MOBs | Corewell/Quest Sign JV Agreement | Hospital Margins Continue to Decline
How Independent and Smaller Hospitals Can Stay Afloat in the Wake of Transaction Scrutiny and Medicaid Cuts
On July 4, 2025, President Trump signed into law the “One Big Beautiful Bill Act” (“Reconciliation Package”). The large-scale Medicaid cuts contained in the Reconciliation Package, coupled with recent trends of increased federal and state scrutiny of health care transactions, are expected to result in smaller, independent or rural hospitals looking for non-traditional avenues to keep their doors open. Specifically:
Weekly Hospital Real Estate Briefing: MOB Rents Hit Record High | BayCare Begins Work on Academic Research Corridor | MUSC Innovation District Gets Initial Planning Approval
Weekly Hospital Real Estate Briefing, Sept. 2, 2025
Continue Reading Weekly Hospital Real Estate Briefing, Sept. 2, 2025
Wisconsin’s APRN Modernization Act: Key Changes for Advanced Practice Nurse Prescribers and Their Employers
On August 7, 2025, the Wisconsin State Legislature passed Assembly Bill 257, known as the “APRN Modernization Act.” This legislation, approved by Governor Evers, creates a new advanced nursing licensure category for “advanced practice registered nurses” (“APRNs”) and, for the first time, allows qualifying APRNs to practice independently without the need for a collaborative practice agreement with a physician. The new law is set to take effect on September 1, 2026.
Prior to this bill, Wisconsin law provided for
Continue Reading Wisconsin’s APRN Modernization Act: Key Changes for Advanced Practice Nurse Prescribers and Their Employers
Five Key Factors That Impact Health Care Joint Venture Timelines
Health care joint ventures can create an important vehicle for combining resources and expertise, in addition to improving health care product and service access. However, these arrangements often come with complex legal, regulatory and operational challenges that may affect timelines and the profitability of these arrangements. Significant delays or modifications to the anticipated commencement of joint venture operations and the scope of operations may cost the parties in terms of both resources and goodwill. Below are five key factors
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GME Update: CMS Finalizes Key GME Policy Updates in FY 2026 IPPS Rule and Proposes Limitation on GME Virtual Supervision
The Centers for Medicare & Medicaid Services (“CMS”) finalized several important updates to graduate medical education (“GME”) and nursing and allied health educational programs (“NAH Programs”) policies in the FY 2026 Inpatient Prospective Payment System (“IPPS”) Final Rule (“Final Rule”), and proposed a notable limitation on virtual supervision for teaching physicians in the 2026 Medicare Part B proposed rule (“Proposed Rule”). Several of the highlights and implications for hospitals include:
- Changes to reimbursable net cost calculation for NAH Programs;