UPDATE: Shortly after this alert was published, the Supreme Court granted an administrative stay of the Fifth Circuit’s order. This means that, while the Supreme Court reviews Danco’s and GenBioPro’s emergency requests that the Fifth Circuit’s stay be vacated, mifepristone is available under the 2023 REMS, which permits dispensing of mifepristone directly to patients by certain pharmacies, including by certain mail-order pharmacies. We will continue to follow this litigation and will provide further updates as they are available.
Continue Reading Fifth Circuit Court of Appeals Panel Grants Stay in Case Challenging FDA Regulation of Mifepristone
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Weekly Hospital Real Estate Briefing: More Land Banking | Hartford Hospital Plans $950M Tower | CaroMont Invests $200M in Oncology Services
By Hall Render
From Transaction to Transformation: Leveraging M&A to Optimize Health Care Supply Chains
By Hall Render
The U.S. health care industry continues to experience consolidation, with steady merger and acquisition activity (“M&A”) aimed at improving quality, expanding patient access and reducing costs by leveraging economies of scale. These transactions present a unique opportunity to undergo a strategic analysis of an often overlooked, but vitally important area: the supply chain.
Integrating two previously independent supply chains can be challenging from multiple perspectives, particularly given differing processes, levels of integration, existing vendor relationships and operational philosophies. These…
Continue Reading From Transaction to Transformation: Leveraging M&A to Optimize Health Care Supply Chains
Weekly Hospital Real Estate Briefing: Bruno Mars Donates $1M Towards Children’s Hospital Project | Florida Makes Headlines with New Hospital Projects
By Hall Render
Equity Transaction or Asset Transaction? Looks May Be Deceiving
By Hall Render
When equity interests in a passthrough entity are sold, such transaction documents are often described as “partnership interest purchase agreements,” “membership interest purchase agreements” or “equity purchase agreements.” However, under U.S. federal income tax rules, a transaction that is legally structured as an equity purchase can sometimes be treated (in whole or in part) as an asset purchase—whether by default, election or sometimes as the result of post-closing actions.
Occasionally, this discrepancy is overlooked until just before closing, which…
Continue Reading Equity Transaction or Asset Transaction? Looks May Be Deceiving
FY 2027 IPPS Proposed Rule – Changes to Organ Acquisition and Reasonable Cost Payment Policies
By Hall Render
On April 14, 2026, the Centers for Medicare & Medicaid Services (“CMS”) published the fiscal year (FY) 2027 Inpatient Prospective Payment System (IPPS) proposed rule (the “Proposed Rule”) in the Federal Register, which included several proposals that would affect organ acquisition reimbursement policies for Independent Organ Procurement Organizations (“IOPOs”), as well as Organ Procurement Organizations (“OPOs”) more broadly, histocompatibility laboratories (“HCLs”) and transplant hospitals. Although CMS characterizes some of the changes as codifying longstanding policy, others substantively alter how…
Continue Reading FY 2027 IPPS Proposed Rule – Changes to Organ Acquisition and Reasonable Cost Payment Policies
Eighth Circuit Limits Whistleblower Protection for Remote Employee in Multi-State Employment Arrangement
By Hall Render
On March 26, 2026, the Eighth Circuit, in Ghosh v. Abbott Lab’ys, Inc., 170 F.4th 1141 (8th Cir. 2026), affirmed the dismissal of whistleblower claims brought by a remote employee whose connections to Minnesota, where the employer was located, consisted of a 12-day visit to the state to participate in mandatory training.
Case Background
The plaintiff in this case was a Hawaii resident, who was hired by defendants in early 2023 as a district sales manager. Upon hire, the…
Continue Reading Eighth Circuit Limits Whistleblower Protection for Remote Employee in Multi-State Employment Arrangement
CMS Proposes Resurrection and Nationwide Expansion of Mandatory Joint Replacement Bundled Payment Model (CJR-X)
By Hall Render
The first nationwide test of a mandatory episode-based payment model has been unveiled. In the Fiscal Year (“FY”) 2027 Inpatient Prospective Payment System (“IPPS”) Proposed Rule, the Centers for Medicare & Medicaid Services (“CMS”) proposes resurrecting and expanding the original Comprehensive Care for Joint Replacement (“CJR”) Model to establish a mandatory, nationwide episode-based payment model for most hospitals paid under the IPPS beginning October 1, 2027.
Under the proposed model, known as the Comprehensive Care for Joint Replacement…
Continue Reading CMS Proposes Resurrection and Nationwide Expansion of Mandatory Joint Replacement Bundled Payment Model (CJR-X)
Court of Appeals Upholds Commitment Order, Reinforces Evidentiary Standard for Forced Medication
By Hall Render
The Indiana Court of Appeals (the “Court”) affirmed the trial court’s order for a temporary commitment which authorized forcibly medicating the patient. The Court held that the hospital presented clear and convincing evidence, primarily through detailed physician testimony, that both commitment and involuntary medication are appropriate. In re Commitment of L.F., No. 26A-MH-658, 2026 WL 969885 (Ind. Ct. App., Apr. 10, 2026).
Background
L.F. was admitted to the hospital after being found standing in traffic. While hospitalized, L.F. exhibited…
Continue Reading Court of Appeals Upholds Commitment Order, Reinforces Evidentiary Standard for Forced Medication
Weekly Hospital Real Estate Briefing: Orlando Health to Buy Another AL Health System | Hospital M&A Activity Up in Q1 26 | Stark Self-Disclosures Exceed $100M
By Hall Render
CMS Releases FFY 2027 IPPS Proposed Rule; Wage Index Deadlines
By Hall Render
The FFY 2027 IPPS Proposed Rule (“Proposed Rule”) was released on April 10, 2026, and CMS published the associated tables on its Proposed Rule homepage. The Proposed Rule is expected to be published in the Federal Register on April 14.
The release of the Proposed Rule and the accompanying tables triggers the start of several deadlines for hospitals, including the unofficial start of the Medicare Geographic Classification Review Board (“MGCRB”) application process. Hospitals should conduct a preliminary review…
Continue Reading CMS Releases FFY 2027 IPPS Proposed Rule; Wage Index Deadlines
Weekly Hospital Real Estate Briefing: TN Considers CON Reform | Children’s Hospitals Make Headlines | ASC Leasing Activity Increases 145% | New Free-Standing ED Projects in FL and VA
By Hall Render
DOL Proposes Higher Prevailing Wage Requirements for Foreign Workers: Key Impacts for Employers
By Hall Render
The U.S. Department of Labor issued a Proposed Rule that would significantly change prevailing wage calculations for foreign workers under the permanent labor certification, H-1B, H-1B1 and E-3 visa programs. At the center of the proposal is an increase in the prevailing wage levels based more heavily on statistically derived wage percentiles from the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics survey. Specifically, the Proposed Rule would raise the current wage levels, set at approximately the 17th,…
Continue Reading DOL Proposes Higher Prevailing Wage Requirements for Foreign Workers: Key Impacts for Employers
District of Maine Affirms Denial of Motion to Compel Non-Party Patient Records in Whistleblower Retaliation Case
By Hall Render
On February 23, 2026, the U.S. District Court for the District of Maine (the “Court”) held that a former physician could not compel production of a nonparty minor patient’s medical records in support of her discrimination and whistleblower retaliation claims. Yered v. Eastern Maine Healthcare Systems and Northern Light Eastern Maine Medical Center, Case No. 1:23-cv-00284 (D. Me., 2026). The Court here found that the requested records lacked sufficient relevance and that the burden and patient privacy risks under…
Continue Reading District of Maine Affirms Denial of Motion to Compel Non-Party Patient Records in Whistleblower Retaliation Case
Illinois Court Allows Hospital’s Quantum Meruit Claim Against Insurer Despite No Contract
By Hall Render
No contract, no problem—at least for now. An Illinois district court (the “Court”) opened the door for hospitals to recover underpaid claims from insurers—holding that a quantum meruit claim may proceed even absent any contract. Lucile Salter Packard Children’s Hosp. v. Health Care Servs. Corp., 2026 WL 278804, No. 25-cv-04533, at *1 (N.D. Ill. Feb. 3, 2026).
Background
Lucile Salter Packard Children’s Hospital (the “Hospital”) sued Health Care Services Corp. (“HCSC”) and related defendants (collectively, “Defendants”) for breach…
Continue Reading Illinois Court Allows Hospital’s Quantum Meruit Claim Against Insurer Despite No Contract
Indiana Court of Appeals Affirms Finding of Grave Disability Despite Initial Admission for Foot Pain
By Hall Render
The Indiana Court of Appeals (the “Court”) affirmed a trial court’s determination that a patient was gravely disabled—even though he initially sought care for a physical ailment. The Court held that the patient’s refusal of necessary treatment, combined with his lack of insight into both his medical and psychiatric conditions, satisfied the clear-and-convincing-evidence standard. In re Commitment of G.N., 2025 WL 3633080, No. 25A-MH-1576, at *1 (Ind. Ct. App. Dec. 15, 2025) (unpublished).
Background
In May 2025, G.N. presented…
Continue Reading Indiana Court of Appeals Affirms Finding of Grave Disability Despite Initial Admission for Foot Pain