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In a recent decision, the Indiana Court of Appeals (the “Court”) upheld a trial court’s Order for Temporary Commitment and affirmed a new mootness standard for civil commitment appeals. In re Commitment of J.F., 266 N.E.3d 268 (Ind. Ct. App. 2025).
Background
The Indiana Court of Appeals reaffirmed its standard for what evidence is required to support an order for a regular commitment of a patient. See In re Commitment of J.F., 266 N.E.3d 268, (Ind. Ct. App. 2025).
Continue Reading Indiana Court of Appeals Reaffirms Evidence Standard for Extensions of Commitment

Congress’s fiscal year 2026 health care appropriations bill introduces a significant new statutory condition of Medicare payment for off-campus hospital outpatient departments. If enacted, effective January 1, 2028, Medicare payment would be prohibited for items and services furnished by an off-campus hospital outpatient department unless two conditions are met: (1) the department has a National Provider Identifier (“NPI”) that is separate from the hospital’s main NPI; and (2) the hospital has submitted the required provider-based status attestation.

Although framed
Continue Reading Legislative Update: Congress Set to Resurrect Separate NPI and Attestation Requirements for Off-Campus Hospital Outpatient Departments

On January 21, 2026, the Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) released its Semiannual Report to Congress for the six-month period ending September 30, 2025 (“Report”). OIG’s enforcement actions during this period resulted in “the largest health care fraud takedown in the Department of Justice history, involving more than $14.6 billion in intended losses,” and improved the return on investment in OIG to $12.70 in expected recoveries and receivables (money agreed to be
Continue Reading OIG Recounts Historic Recovery Numbers in Its Latest Semiannual Report to Congress

Amendments to the Illinois Workplace Transparency Act (“WTA”) were introduced by HB 3638 and became effective on January 1, 2026. The amendments broaden the scope of protection for employees and impose additional restrictions on employers when drafting contract provisions in a variety of employment-related agreements, including severance, settlement and arbitration agreements. Going forward, Illinois employers will have less latitude to restrict employee speech and concerted activity as it relates to reporting or disclosing unlawful conduct in the workplace.
Broader
Continue Reading What Illinois Employers Need to Know About Changes to the Workplace Transparency Act

  • Kaufman Hall published a summary of health system M&A data from 2025 with some interesting charts. A few highlights: (1) transactions involving a financially distressed party hit 43.5%, almost triple the rate in 2022; (2) correspondingly, the credit rating of the smaller party to the deal hit a record low in 2025; (3) the average size of the financially distressed party, in revenue, was $345M last year, which is about 2.5x larger than the same metric in 2023 (i.e.,

  • Continue Reading Weekly Hospital Real Estate Briefing, Jan. 23, 2026

    The Indiana Supreme Court (the “Court”) upheld a trial court’s Order for Temporary Commitment, reaffirming the new mootness standard for temporary civil commitment appeals first established earlier this year in In re Commitment of J.F., 256 N.E.3d 1260 (Ind. 2025). In re Commitment of M.C., 262 N.E.3d 836 (Ind. 2025).
    Background
    In J.F., the Court held that an appeal from a temporary civil-commitment order does not become moot merely because the order has expired. See In re Commitment of
    Continue Reading Indiana Supreme Court Reaffirms Mootness Standard in Temporary Civil Commitment Appeals

    Some of the advocacy groups and think tanks that lobbied for the Medicaid provider tax restrictions in last year’s H.R. 1 are now renewing their criticisms of the states’ use of “intergovernmental transfers” (“IGTs”) from governmental health care providers to fund the non-federal share of Medicaid payments to those same providers.[1] The critics’ goal appears to be twofold: first, to shift Medicaid costs away from the federal government despite the federal government’s shared financial responsibility with the states
    Continue Reading In Defense of Intergovernmental Transfers from Governmental Health Care Providers

    The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file a premerger notification (an “HSR Filing”) with the Federal Trade Commission (“FTC”) Premerger Notification Office and the Department of Justice (“DOJ”) Antitrust Division and to wait a period of time before consummating the transaction.

    Each fiscal year, the jurisdictional filing thresholds are adjusted to reflect the percentage change in
    Continue Reading FTC Announces Annual Hart-Scott-Rodino Premerger Notification Filing Thresholds Increase for 2026

    Health care organizations planning major capital projects, such as hospital expansions, surgical centers and outpatient facilities, often face familiar frustrations: delays, cost overruns, redesign cycles and coordination breakdowns. Traditional delivery models like design‑bid‑build or construction manager‑at‑risk can unintentionally reinforce silos. Integrated Project Delivery Agreements (“IPDA”) offer a collaborative alternative designed to align incentives, reduce waste and improve project performance.
    What Is an IPDA?
    An IPDA is a single, multi‑party contract that binds the owner, architect, contractor and key consultants
    Continue Reading From Silos to Synergy: Integrated Project Delivery Agreements for Today’s Health Care Facilities

    The health care transactional landscape may have been quieter than anticipated at the beginning of 2025, with providers experiencing financial strains, but the year finished out with a high level of activity, marked by opportunistic growth strategies. Transactions will continue to be anything but “cookie-cutter.” In this article, we highlight eight M&A trends demonstrating how the financial landscape, regulatory considerations, cross-disciplinary strategies and market disruptors shaped deals in 2025 and how these same factors will continue to impact deals
    Continue Reading Bottom Line: Health Care Transactions Are More Bespoke Than Ever – Lessons Learned from 2025 and What’s to Come in 2026

    On January 14, 2026, the Department of State announced a pause on immigrant visa processing for applicants who are nationals of the following 75 countries:
    Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic,
    Continue Reading Department of State Freezes Immigrant Visa Processing for 75 Countries

    We frequently get calls from hospital systems, health care providers and investors regarding negotiating on-campus ground leases. They are certainly unique. Here are 10 business points to consider when negotiating on-campus ground leases.

  • Premises – The land being leased can vary widely. We often see hospitals ground leasing only the footprint of the building. There are some instances, on larger campuses, where the hospital allows the developer to lease the land needed for the footprint of the building, plus

  • Continue Reading Weekly Hospital Real Estate Briefing: 10 Tips for Negotiating On-Campus Ground Leases

    Health care employment professionals face an all-too-familiar challenge entering 2026: keeping pace with a patchwork of state employment laws that show no signs of slowing down. The employment law landscape continues to evolve rapidly, presenting health care employers with new compliance challenges. Outlined below are just a few of the key legal trends impacting the health care HR landscape this year.
    Paid Family Leave Programs and Expansion
    State-level paid family and medical leave programs are growing in popularity across
    Continue Reading Legal Trends Impacting Health Care Human Resources in 2026

    Hall Render is pleased to announce that Susan James has joined the Firm. With over three decades of dedicated experience, Susan James advises a broad range of health care industry clients on complex legal, operational, strategic and governance matters. Susan represents hospitals, health systems, physicians, physician group practices, ambulatory surgery centers and physician-owned hospitals. She enjoys navigating the complex and constantly evolving health laws and regulations while offering practical solutions to her clients.
    Susan counsels clients on compliance with
    Continue Reading Susan James Joins Hall Render

    On December 9, 2025, the Department of Health and Human Services’ (“HHS”) Office of the Inspector General (“OIG”) issued its annual solicitation for proposals and recommendations for developing new or modifying existing Anti-Kickback Statute (“AKS”) safe harbor provisions. In doing so, the OIG’s objective is to identify safe harbors that safeguard “beneficial and innocuous arrangements” and to protect federal health care programs and their beneficiaries from “the harms caused by fraud and abuse.” The solicitation also seeks proposals for
    Continue Reading OIG Solicits Proposals for the Development and Modification of Anti-Kickback Statute Safe Harbors and Special Fraud Alerts

  • Health systems and physician groups largely held back on mergers and acquisitions in 2025 due to inflation, high labor costs, reimbursement uncertainty and new state laws targeting private equity. In 2026, deal activity is expected to increase as policy uncertainty clears up and health systems align with physicians to grow their ambulatory networks.
  • PE firm IRA Capital announced the acquisition of a 24-MOB portfolio with 1.5M sf of space across 11 states. The assets are largely on-campus or adjacent,

  • Continue Reading Weekly Hospital Real Estate Briefing