Health Law Alert

On March 4, 2026, the Office of Inspector General (“OIG”) issued Advisory Opinion No. 26-04 relating to investments in and transfers of ownership interests in an ambulatory surgery center (“ASC”). While most experienced health care administrators understand that the federal Anti-Kickback Statute (“AKS”) applies to ASC arrangements, many do not […]

On September 19, 2025, President Trump issued a Presidential Proclamation imposing a new requirement that employers pay a $100,000 fee before sponsoring a foreign worker for H‑1B status.  The $100,000 fee applies only to new H‑1B petitions for foreign workers coming directly from abroad and does not apply to individuals […]

On December 15, 2025, the OIG issued Advisory Opinion No. 25-11 dealing extensively with discounts from vendors.  Vendor discounts raise anti-kickback concerns because, on their face, there is remuneration to a customer (in the form of a reduced price or rebate) in exchange for the customer’s purchase of goods or […]

On February 3, 2026, the federal government signed the Consolidated Appropriations Act of 2026 (the “Act”) into law.  Section 6225 of the Act amends the Social Security Act to bring back the mandatory provider-based attestation (“Attestation”) requirements for off-campus outpatient departments (“Departments”) by the end of 2027.  These Attestation requirements […]

In December 2025, the Centers for Medicare & Medicaid Services (“CMS”) announced a new payment model called ACCESS, which stands for Advancing Chronic Care with Effective, Scalable Solutions. ACCESS uses outcome-aligned payments, which are a recurring payment for managing a patient’s qualifying condition, with payments tied to achieving measurable health […]