Health Law Alert

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 […]

Last month, we provided an overview of increased antitrust scrutiny. The Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) continue to increase their scrutiny of health care transactions, and it doesn’t seem to be slowing down any time soon. The two agencies work together to review and contest mergers […]

On May 6, 2024, the Office for Civil Rights (“OCR”) published a final rule entitled, “Nondiscrimination in Health Programs and Activities” (the “Final Rule”), regarding Section 1557 of the Affordable Care Act (“ACA”).  Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in […]

Ten years ago, health care antitrust enforcement activity was markedly different than today’s landscape.  While the government has always focused its antitrust efforts on the health care industry, its approach, aggressiveness and rulemaking has significantly shifted.  The “bear” has been awakened. On May 9, 2024, the Department of Justice (DOJ) […]

The Office for Civil Rights (OCR) has been quite busy the last several weeks communicating with HIPAA covered entities through several different formats – updated Guidance, a Dear Colleague Letter and an FAQ webpage – to remind covered entities of their obligations under HIPAA.  In each of these communications, OCR […]