Latest from Hall, Render, Killian, Heath & Lyman, P.C. Blog - Page 2
Expanded EMS Transport Destinations and Liability Protections: What Indiana Providers Need to Know
Indiana Senate Enrolled Act 505 (SEA 505), recently signed into law, introduces notable changes to the state’s Emergency Medical Services (“EMS”) framework. Effective July 1, 2025, EMS professionals (including paramedics, EMTs, advanced EMTs and emergency medical responders) will be authorized to transport patients to a broader range of care settings beyond traditional hospitals. This new law also provides clear legal protections for providers acting in good faith when determining patient transport needs.
Expanded Transport Options to Meet Patient
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Indiana Court of Appeals Reaffirms Limits on ‘Special Conditions’ in Civil Commitment Orders
The Indiana Court of Appeals (the “Court”) recently reiterated that trial courts may not impose “special conditions” in civil commitment orders without record evidence tying the condition to the patient’s treatment or public safety. The Court invalidated a trial court’s blanket prohibition on alcohol and non-prescription drugs, finding no evidentiary basis for the restriction. In Re: Commitment of C.M., 258 N.E.3d 280 (Table), 2025 WL 944745 (Ind. Ct. App. Mar. 28, 2025) (unpublished).
Background
In October 2024, C.M. entered
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Gender Affirming Care for Minors Following United States v. Skrmetti
The Supreme Court of the United States (the “Court”) issued its highly anticipated decision in United States v. Skrmetti (“Skrmetti“) on June 18, 2025. The decision holds that a Tennessee law prohibiting the provision of certain medical treatments to minors for gender-affirming purposes does not violate the United States Constitution. This decision has wide-ranging implications for the approximately 25 states that have enacted laws similar to Tennessee’s, and for the enforcement of recent Executive Orders restricting gender-affirming care for
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Weekly Hospital Real Estate Briefing
Update: CMS to Annually Audit All Medicare Advantage Plans and Accelerate Completion of Prior Payment Year RADV Audits
On May 21, 2025, the Centers for Medicare & Medicaid Services (“CMS”) announced a substantial expansion of its Risk Adjustment Data Validation (“RADV”) audit program for all Medicare Advantage (“MA”) plans. Effective immediately, CMS will audit all eligible MA plans annually and aims to complete outstanding audits for prior payment years (“PY”) 2018-2024 by early 2026. These changes follow CMS’s 2023 final rule allowing extrapolation of RADV overpayments and signal an era of heightened scrutiny of MA billing practices
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The U.S. District Court for the Northern District of Illinois Holds that ‘But-For’ Causation Is Required to Establish FCA/AKS Liability
In U.S. ex rel. Wilkerson v. Allergan, the U.S. District Court for the Northern District of Illinois (the “Court”) recently ruled that “but-for” causation is required for liability under the False Claims Act (“FCA”) resulting from alleged Anti-Kickback Statute (“AKS”) violations.
This opinion aligns with the First, Sixth and Eighth Circuits, which deviated from the Third Circuit’s lower standard that only requires some “link” between the alleged kickback and false claim for FCA liability. The Seventh Circuit has
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Developers Beware: How the Evolving Battle Over Wetland Permitting Is Impacting Florida Real Estate Projects
Real estate developers face a complex, evolving landscape for wetland permitting in Florida in light of the loss of the state’s permitting authority, combined with recent federal executive actions and changes to Section 404 of the Clean Water Act (the “CWA”). These state and federal developments create challenges for developers seeking to build hospitals, schools or housing in or near wetlands in Florida.
Context and Legal Background
Section 404 of the CWA regulates the discharge of dredged or fill
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Weekly Hospital Real Estate Briefing
Modernization of the Nation’s Organ Transplant System Continues
Since the Health Resources and Services Administration’s (“HRSA”) announcement of its modernization initiative for the nation’s Organ Procurement Transplantation Network (“OPTN”) in March 2023, the OPTN has undergone five key changes, including technology infrastructure modernization, enhanced data transparency and analytics, sweeping governance changes, operational refinement and greater promotion of quality improvement and innovation among the organization. The modernization of the OPTN has not only aimed to improve the network itself but has also sparked other changes, modifications and new
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HHS and CMS Rescind Guidance on Emergency Reproductive Health Care Under EMTALA
On May 29, 2025, the United States Department of Health and Human Services (“HHS”) and Centers for Medicare & Medicaid Services (“CMS”) rescinded two Quality, Safety & Oversight (“QSO”) Letters issued under the Biden administration in 2022 and an accompanying letter from the then-Secretary of HHS (collectively, the “Letters”). The Letters had set forth the Biden administration’s position that the Emergency Medical Treatment & Labor Act (“EMTALA”) requires health care providers to provide abortion services when such services are
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Weekly Hospital Real Estate Briefing
As Executive Branch Scrutiny of DEI Programs Intensifies, Companies Must Assess All Aspects of Their Policies and Business Practices to Ensure Compliance with Civil Rights Laws
Health care and other federal funding recipients face new risks on multiple fronts in their use of diversity, equity and inclusion (“DEI”) programs. The Executive Branch has undertaken a concerted effort to reshape the interpretation and enforcement of federal civil rights laws impacting DEI practices through the issuance of Executive Orders, as discussed here, and by directing the Department of Justice (“DOJ”) and the Equal Employment Opportunity Commission (“EEOC”) to implement its policy objectives, as outlined here.
Continue Reading As Executive Branch Scrutiny of DEI Programs Intensifies, Companies Must Assess All Aspects of Their Policies and Business Practices to Ensure Compliance with Civil Rights Laws
Delaware Supreme Court Decision Could Impact Post-Closing Indemnification Rights in M&A Deals
Parties to mergers, acquisitions and other corporate transactions have long relied on the Delaware courts’ predictable interpretation and enforcement of contracts as written. Recently, the Delaware Supreme Court (the “Court”) has signaled a potential change of course in its decision in Thompson Street Capital Partners IV, L.P. v. Sonova United States Hearing Instruments, LLC (“Thompson Street Capital“). Drawing on public policy arguments outside the four corners of the merger agreement at issue in the case, the Court suggests that
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Federal Judge Vacates EEOC Guidelines on Sexual Orientation and Gender Identity
In its recent decision in Texas v. Equal Employment Opportunity Commission, the U.S. District Court for the Northern District of Texas (the “Court”) held that the Equal Employment Opportunity Commission (“EEOC”) cannot require employers to provide accommodations for transgender employees when it comes to bathroom access, dress codes and the use of pronouns, and that Title VII’s definition of “sex” does not apply to sexual orientation and gender identity.
Background
Title VII of the Civil Rights Act of 1964
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Integration Playbook for Health Care Mergers and Acquisitions: A Guide for Hospitals and Medium to Large Provider Practices
Mergers and acquisitions (“M&A”) in the health care sector, particularly among hospitals and/or medium to large provider practices, are increasingly common as organizations seek to expand their service offerings, achieve economies of scale and improve care delivery systems. Health care M&As are complex endeavors requiring meticulous planning and execution to ensure a smooth transition and, if done thoughtfully, can add and maximize the value of the enterprise. Integrating an acquired entity requires planning and execution by business and clinical
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