Health Law Alert

The American Hospital Association (“AHA”) and a group of hospitals scored a big win recently in the U.S. District Court for the Northern District of Texas in the case of AHA, et. al v. Becerra, et. al. by convincing the court that OCR exceeded its authority by imposing new legal […]

The Centers for Medicare and Medicaid Services (CMS) recently released updated model signage outlining patients’ rights under the Emergency Medical Treatment and Labor Act (EMTALA).  CMS recommends, but is not requiring, that hospitals adopt the new model signage.  The CMS memorandum describing the updated signage recommendations is available here. CMS […]

On June 2024, the US Supreme Court overturned a 1984 ruling referred to as the Chevron Doctrine, which instructed lower courts to defer to federal agencies when federal statutes were either silent or ambiguous on the issue in controversy.  Deference was encouraged even if the lower court judge thought that […]

Following the adoption of the Section 501(r) standards by Congress in 2010 and the IRS promulgation of final regulations in 2014, federal tax exemption issues for hospitals have been relatively quiet for several years.  The IRS implemented Schedule H to the Form 990 and hospitals have developed 501(r) compliance and […]

In January 2023, the Federal Trade Commission published its proposed rule broadly prohibiting noncompetition agreements by businesses with workers. The proposed rule was subject to a 90-day comment period resulting in over 26,000 comments. A year and several months later, on April 23, 2024, the FTC issued its final rule […]