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On August 7, 2026, Illinois joined a growing number of jurisdictions expanding legal protections to employees experiencing menopause-related conditions by signing into law the Illinois Menopause Equity and Care Act (the “Act”) (Public Act 104-0793). Among other changes, the Act generally extends anti-discrimination and reasonable accommodation protections to employees experiencing menopause-related conditions. The employment-related provisions take effect January 1, 2027.
Menopause-Related Conditions Added to the IHRA
The Act amends the Illinois Human Rights Act (“IHRA”) to expressly…
Continue Reading Illinois Broadens Workplace Protections Through the Menopause Equity and Care Act

The Indiana Court of Appeals (the “Court”) affirmed the continuation of a patient’s regular commitment, finding the trial court erred by conducting the review hearing remotely without sufficient good cause, but the error was harmless because the patient meaningfully participated and suffered no prejudice. The Court also affirmed the finding of grave disability, concluding the evidence linked the patient’s schizophrenia, lack of insight and medication refusal to an inability to function independently. The Court however reversed the stimulant-use and…
Continue Reading Indiana Court of Appeals Affirms Commitment Despite Improper Remote Hearing

On September 9, 2026, the Federal Communications Commission (“FCC”) circulated proposed revisions to its consent-revocation rules under the Telephone Consumer Protection Act (“TCPA”) docketed for consideration at the FCC’s September 30, 2026, Open Meeting. If adopted substantially as proposed, these revisions generally would become effective 30 days after publication in the Federal Register and would supersede the January 2027 effective date of the FCC’s twice-delayed nuclear-revocation ruling. The FCC will identify a specific effective date once that information becomes…
Continue Reading TCPA Update: FCC Seeks to Overhaul Consent Revocation Rules

The Trump administration continues to pursue regulatory reform initiatives across the health care sector. A proposed Centers for Medicare & Medicaid Services (“CMS”) rule affecting Medicare-participating providers, including skilled nursing facilities, is currently under review by the Office of Management and Budget, a key step before publication. The proposal appears consistent with prior CMS efforts to reduce administrative burden and streamline provider requirements, including the agency’s 2019 “Patients Over Paperwork” initiative.

At this stage, the details of the proposal…
Continue Reading Skilled Nursing Update: CMS Deregulatory Effort for Skilled Nursing Facilities at OMB

The Wisconsin Department of Health Services (“DHS”) recently announced that it is extending the current civil rights compliance period for recipients of federal financial assistance through DHS. Under the extension, the current compliance period, which began January 1, 2022, will now remain in effect through December 31, 2028, rather than expiring on December 31, 2026. The next compliance period will begin on January 1, 2029.

As a reminder, organizations that receive federal financial assistance through DHS programs, including Medicaid,…
Continue Reading Wisconsin Extends Civil Rights Compliance Period Through 2028

  • Alice L. Walton Foundation and Mercy have broken ground on AWSOM, a 120-acre health care campus in Bentonville, AR. The specialty care and whole-health destination will include cardiac services in partnership with Cleveland Clinic, as well as cancer, orthopedic and gastroenterology programs designed to serve patients across multiple states.
  • Sutter Health will use proceeds from a $1.41B bond issuance to fund hospital expansions, outpatient centers and other capital projects across Northern California. Planned investments include expanding its women’s and
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    Continue Reading Weekly Hospital Real Estate Briefing: Alice Walton Foundation and Mercy Break Ground on 120-Acre Whole Health Campus I Sutter Health Invests in Expansion Projects I Renown Health to Build Children’s Hospital

    The Indiana Department of Health (“IDOH”) has issued a second public comment notice regarding its proposed amendments to Indiana’s Residential Care Facility (“RCF”) regulations. The proposal, first published earlier this year, would significantly expand resident rights, incorporate federal Home and Community-Based Services (“HCBS”) concepts into Indiana assisted living regulations and establish a new eviction framework governing involuntary resident removals. See our alert on the first published notice here.

    While the second notice includes a few limited technical revisions…
    Continue Reading Indiana Assisted Living Update: IDOH Recasts Its HCBS-Based Resident Rights Proposal in Second Residential Care Facility Rulemaking Notice

  • Hospital industry groups are opposing CMS proposals that would expand site-neutral reimbursement and modify the 340B program, arguing the changes could undermine hospital finances and future facility investment. AHA and other provider groups argued that the policy fails to account for the higher Medicare burden, increased complexity and stricter licensing, accreditation and regulatory requirements that hospital outpatient departments face as compared to independent physician offices.
  • On a recent podcast interview, a Capital One health care real estate lending
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    Continue Reading Weekly Hospital Real Estate Briefing: CMS Site-Neutral Proposal Draws Pushback | FTC Signals Scrutiny of Hospital Deals | Providers Continue Retail-to-Healthcare Conversions

    The U.S. Court of Appeals for the Second Circuit (the “Court”) recently ruled that a False Claims Act (“FCA”) relator can satisfy Rule 9(b) without identifying every false claim underlying an alleged fraudulent scheme—but left open whether Rule 9(b) applies to certain reverse FCA claims at all.

    In United States ex rel. Gallian v. AmerisourceBergen Corp., 2026 WL 2539817 (2d Cir. Aug. 28, 2026), the Court considered several FCA claims brought by a former reimbursement manager against her former…
    Continue Reading Second Circuit Limits Rule 9(b) Pleading Requirements for Reverse False Claims Act Claims

    The U.S. Department of the Treasury (“Treasury”) and the IRS recently proposed regulations that would deny § 501(c)(3) tax-exempt status to private schools that maintain race-based admissions, scholarship or related programs. While the proposal is directed at educational institutions, the preamble contains important lessons for health care foundations and other charitable organizations managing donor-restricted funds.

    In discussing the potential impact of the rule, Treasury expressly acknowledges that donor-imposed restrictions may require modification. The preamble notes that where “a race-based…
    Continue Reading Health Care Philanthropy Update: Treasury’s Proposed Rule Offers Lessons for Foundations on Donor Intent and Endowment Management

    The Wisconsin Division of Quality Assurance (“DQA” or the “agency”) recently issued Wisconsin – 26-001, which addresses surveyor access to provider records during assisted living surveys. The guidance applies to Adult Family Homes (“AFHs”), Community-Based Residential Facilities (“CBRFs”) and Residential Care Apartment Complexes (“RCACs”). DQA’s memo confirms that providers utilizing electronic record systems must provide surveyors with read-only login credentials, rather than limiting access to printed records or provider-generated electronic reports.

    The memo reflects DQA’s position that surveyors…
    Continue Reading Wisconsin Assisted Living Update: Wisconsin DQA Requires Surveyor Access to Electronic Health Records

    On August 11, 2026, the Health Resources and Services Administration (“HRSA”) released its Health Center Program Scope of Project Policy Manual (“Scope Manual”), providing comprehensive guidance on what constitutes a health center’s approved scope of project under Section 330 of the Public Health Service Act. The Scope Manual became effective immediately upon release.

    Federally Qualified Health Centers (“FQHCs”) and “look-alikes” cannot add a delivery site, new service category or expanded target population without prior approval from HRSA via…
    Continue Reading HRSA’s New FQHC Scope of Project Manual Affects Provider-Patient Relationships, Arrangements with Other Providers and 340B Operations

  • Corewell Health unveiled a $1.7B plan to build two hospital towers in Michigan: an 11-story, 780k-sf facility at Butterworth Hospital in Grand Rapids and an eight-story, 423k-sf tower at Beaumont Troy Hospital. The projects will add 360 private rooms and are expected to open in 2030.
  • Moody’s recently reported nonprofit and public hospital profitability softened in FY 2025, with median EBITDA margins falling from 6.2% to 5.9% and operating margins declining from 1.3% to 1.2%. Revenue grew 8.9%, narrowly
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    Continue Reading Weekly Hospital Real Estate Briefing: Nonprofit Hospital Margins Tighten | Corewell Unveils $1.7B Expansion | Hospital Land-Banking Continues

    The Indiana Court of Appeals (the “Court”) reversed a trial court’s temporary commitment order, holding the evidence did not clearly and convincingly establish the patient was gravely disabled. Although the evidence supported the patient suffered from mental illness and exhibited symptoms associated with a manic episode, the Court concluded the evidence did not demonstrate those symptoms resulted in an inability to function independently. In re Civil Commitment of E.R., No. 26A-MH-1878, 2026 WL 2427159 (Ind. Ct. App. Aug. 19, …
    Continue Reading Indiana Court of Appeals Reverses Temporary Commitment Where Evidence Did Not Establish Grave Disability

    On May 20, 2026, the Department of Health and Human Services Office of Inspector General (“OIG”) posted a favorable opinion, AO 26-11, regarding an arrangement in which a precision oncology company (“Requestor”) offers eligible patients undergoing a colorectal cancer screening test (“CRC Screening Test”) a free supplemental report (“Supplemental Report”) to identify risk of other cancer types (the “Arrangement”). Although the Arrangement could generate prohibited remuneration under the Beneficiary Inducements Civil Monetary Penalty Law (“CMP”) and the federal…
    Continue Reading When Free Is Permissible: OIG Allows Free Supplemental Cancer Screening Reports for Eligible Patients

    On August 27, 2026, the Centers for Medicare & Medicaid Services (“CMS”) announced that the moratorium on accepting Medicare supplier enrollment applications for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (“DMEPOS”) suppliers, which went into effect on February 27, 2026, has expired.

    The National Provider Enrollment Contractors are once again accepting initial enrollment applications from DMEPOS suppliers.
    Practical Takeaways

    • DMEPOS suppliers seeking to submit applications to CMS should submit as soon as possible before the bidding window opens for

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    Continue Reading DMEPOS Supplier Enrollment Opens as Medicare Moratorium Expires