We are taking a break from our regular briefing this week to focus on a list of trends we are seeing in the market. Take a look at our list—if we didn’t cover a trend you are seeing in the market, send us a note. We always enjoy hearing from our readers. As always, if we can be of service to your organization, please do not hesitate to reach out.
Hall, Render, Killian, Heath & Lyman, P.C. Blog
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Latest from Hall, Render, Killian, Heath & Lyman, P.C. Blog
Washington State Proposes Companion Bills to Increase Scrutiny of Health Care Transactions
By Hall Render
On February 7, 2025, legislators introduced Washington State House Bill 1881 and its companion bill, Senate Bill 5704 (collectively, the “Bills”), to enhance oversight and regulation of material changes within the state’s health care marketplace. The Bills’ primary stated objectives are to ensure that health care transactions do not adversely affect the accessibility, affordability and quality of health care services for Washington residents.
Background
Washington is one of a growing number of states that already require health care entities…
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FMLA and State and Local Paid Leave Program Guidance
By Hall Render
On January 14, 2025, the Wage and Hour Division of the Department of Labor (“DOL”) issued two opinion letters. One of the letters, FMLA 2025-1-A (“Opinion Letter”), provided guidance on the application of federal Family and Medical Leave Act (“FMLA”) regulations to paid leave employees take under state and local government family and medical leave programs. The Opinion Letter clarifies FMLA regulations regarding paid leave “substitution”—when employer-provided paid leave runs concurrently with unpaid FMLA leave. The other DOL opinion…
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Texas House of Representatives Introduces Health Care Transaction Notification Requirement
By Hall Render
On February 12, 2025, the Texas House of Representatives (“House”) introduced House Bill 2747 (“H.B. 2747”), which would require entities to report certain health care transactions to the Texas Attorney General (“AG”). If passed, H.B. 2747 would go into effect on September 1, 2025, adding Texas to the growing list of states exercising increased oversight over health care transactions.
H.B. 2747 – Background and Notice Requirements
H.B. 2747 would implement a 90-day advance notice requirement for any health care…
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D.C. Court of Appeals Joins Prohibition on Pro Se Pursuit of FCA Claims
By Hall Render
In United States ex rel. Feliciano v. Ardoin, a pro se relator filed a qui tam action under the False Claims Act (“FCA”). On February 4, 2025, the D.C. Court of Appeals (the “Court”) affirmed a district court’s dismissal ruling that a pro se litigant cannot allege violations of the FCA. In doing so, the Court joined every other court of appeals to have addressed the question.
Background
The FCA, codified at 31 U.S.C. §§ 3729-3733, empowers…
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Weekly Hospital Real Estate Briefing: New MOB Rents Rising Faster than Those in Existing MOBs | Texas to Fund $239M in BH Construction Grants
By Hall Render
Seventh Circuit Upholds Arbitration Award Reinforcing Binding Nature of Arbitration Decisions
By Hall Render
In Quality Custom Distribution Services LLC v. International Brotherhood of Teamsters, Local 710, the U.S. Court of Appeals for the Seventh Circuit (the “Seventh Circuit”) upheld an arbitrator’s ruling requiring the employer to compensate workers for lost wages during the COVID-19 pandemic. The case underscores both the advantages and challenges of arbitration, emphasizing the finality of arbitrators’ interpretations of collective bargaining agreements (“CBAs”).
Background
Quality Custom Distribution Services LLC (“QCD”) entered into a CBA with Teamsters Local 710, which…
Continue Reading Seventh Circuit Upholds Arbitration Award Reinforcing Binding Nature of Arbitration Decisions
The Corporate Transparency Act – FinCEN Removes Beneficial Ownership Reporting Requirements for U.S. Companies and U.S. Persons, Sets New Deadlines for Foreign Companies
By Hall Render
On March 21, 2025, the Financial Crimes Enforcement Network (“FinCEN) released an interim final rule that removes the requirement for U.S. domestic companies and persons to report beneficial ownership information (“BOI”) to FinCEN under the Corporate Transparency Act (“CTA”).
Under the interim final rule, FinCEN revised the definition of a “reporting company” to include only entities formed under the law of a foreign country and registered to do business in any U.S. State or Tribal jurisdiction by filing a…
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Weekly Hospital Real Estate Briefing
By Hall Render
Nursing Home Update: New CMS Surveyor Guidance Calls for Admission Agreement Reviews
By Hall Render
The Centers for Medicare & Medicaid Services (“CMS”) has given surveyors additional rules and updates to allow surveyors to assess and cite violations of the regulations on nursing homes with admission agreements that create prohibited third-party guarantee of resident payments.
On November 18, 2024, the Quality, Safety & Oversight Group at CMS issued a memorandum entitled “REVISED: Revised Long-Term Care (LTC) Surveyor Guidance: Significant revisions to enhance quality and oversight of the LTC survey process” (“New Surveyor Guidance Memo”).
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Telehealth March Madness: Medicare Waivers Extended While DEA Rules Get Benched
By Hall Render
As the NCAA March Madness tournaments heat up, lawmakers and the Trump administration are making their own plays on key federal telehealth policy issues. On March 15, the President signed the Full-Year Continuing Appropriations and Extensions Act, 2025 (“Continuing Resolution”) to fund the federal government through September 30. The Continuing Resolution extends several key virtual care payment policies just weeks before the pandemic-era telehealth flexibilities were set to expire. Additionally, on March 20, the Drug Enforcement Administration (“DEA”) and…
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D.C. Court of Appeals Shuts Down Recycled Fraud Claims Under Public Disclosure Bar
By Hall Render
In United States ex rel. O’Connor v. USCC Wireless Investment, Inc., relators filed a qui tam action under the False Claims Act (“FCA”). On February 11, 2025, the D.C. Court of Appeals (the “Court”) affirmed a district court’s ruling that (1) a previous lawsuit had raised substantially the same allegations, triggering the FCA’s public disclosure bar; and (2) the relators bringing the action were not original sources of the information.
Background
The FCA, codified at 31 U.S.C. §§…
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Indiana Court of Appeals Holds Suicidal Ideation and History of Suicide Attempts Establish Grave Disability
By Hall Render
The Indiana Court of Appeals (the “Court”) in In re: the Civil Commitment of C.R. upheld the trial court’s Order for Regular Commitment, holding sufficient evidence supported the trial court’s finding that C.R. was dangerous to himself and gravely disabled. In re Commitment of C.R., No. 24A-MH-1485, 2024 WL 5153983 (Ind. Ct. App. Dec. 18, 2024). The decision outlined the importance of suicidal ideation and periods of crisis as evidence.
Background
C.R., diagnosed with schizophrenia, presented with suicidal ideations,…
Continue Reading Indiana Court of Appeals Holds Suicidal Ideation and History of Suicide Attempts Establish Grave Disability
Weekly Hospital Real Estate Briefing: LTAC Expansion Benefits from CON Repeal Nationwide | Billion-Dollar Hospital Projects Announced in CA and PA
By Hall Render
1. A recent study found that the repeal of CON legislation leads to significant increases in the number of long-term acute care hospitals (LTACs) and also increases access to specialized medical care, particularly for elderly populations. Entry of LTACs into skilled nursing facility markets was associated with reduced hospitalization rates, contrary to prior studies.
2. A bill in Washington, D.C. will soon be up for a vote that would eliminate the District’s CON requirement for telemedicine and virtual care…
Continue Reading Weekly Hospital Real Estate Briefing: LTAC Expansion Benefits from CON Repeal Nationwide | Billion-Dollar Hospital Projects Announced in CA and PA
Revisiting Disclosure Requirements for Skilled Nursing Facilities as Deadline Approaches
By Hall Render
In December 2024, the Centers for Medicare & Medicaid Services (“CMS”) made many revisions to its “Guidance for SNF Attachment on Form CMS-855A” (“Guidance”). The Guidance is CMS’s subregulatory advice and FAQs to skilled nursing facilities (“SNFs”) on the completion and submission of the new Form CMS-855A SNF Disclosures Attachment (“SNF Attachment”) for every SNF. The Guidance continues to confirm the due date for all SNFs to submit the off-cycle revalidation information is May 1, 2025, unless…
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Weekly Hospital Real Estate Briefing: Mayo Clinic to Invest $1.9B in Phoenix Campus | Developer Proposes New Chicago Bears Stadium | Webinar on Hospital Ground Leases
By Hall Render