Previously published in Healthcare News and Healthcare Michigan Recently, the Ninth Circuit Court of Appeals affirmed a conviction of a lab operator for violations of the Eliminating Kickbacks in Recovery Act (“EKRA”) in United States v. Schena. This ruling, the first ever appellate interpretation of EKRA, has notable implications for both the laboratory industry and the greater healthcare industry. …
Enhanced Crackdown on Non-Compete Agreements
It has been a busy year for the Federal Trade Commission’s (“FTC”) enforcement efforts against non-compete restrictive covenants in employment agreements. During President Biden’s administration in 2024, the FTC issued a rule banning non-compete provisions in employment agreements with certain exceptions (the “Rule”). That led to immediate litigation challenging the FTC’s authority. Appeals were pending …
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Imagination Is Essential for Good Legal Defense
Previously published in Healthcare News and Healthcare Michigan. Growing up, my family played an unusual game around the dinner table. After sharing about our days, my dad (also a health care attorney) would ask my sisters and me to argue. He’d pick a topic, such as why my younger sister should have a later bedtime than me, or …
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Recent FTC Developments on Non-Compete Enforcement
It has been a busy month for the Federal Trade Commission (“FTC”) and enforcement activity concerning non-compete restrictive covenants in employment agreements. If you have been following this topic, you’ll recall that during President Biden’s administration in 2024, the FTC issued a rule banning non-compete provisions in employment agreements with certain exceptions. That led to …
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Friendly PC Model: 3 Key Ancillary Agreements for CPOM Compliance
With the rebound of private equity (“PE”) activity in healthcare across the United States, the Corporate Practice of Medicine and Dentistry (“CPOM” or “CPOD”) has likewise experienced renewed focus by state legislatures and enforcement agencies in 2025.[i] However, despite this rekindled attention, the often-referenced “Friendly PC” model remains the best structural strategy to ensure post-closing …
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Telehealth Summer 2025: Collaboration Models, Enforcement Trends, and Reimbursement Guidance
It has been a busy summer for telehealth updates. Following is a high-level summary of the latest developments. On June 6, 2025, the Office of Inspector General of the U.S. Department of Health and Human Services (the “OIG”) issued an advisory opinion (25-03), which may provide a model for structuring telehealth collaborations that are compliant …
Federal Health Law Enforcement in 2025
Much has been written about the healthcare policy changes implemented by the 2025 Trump administration. President Trump has issued numerous Executive Orders that establish new policies and rescind actions taken by previous administrations. Robert F. Kennedy, Jr. is overhauling and refocusing Health & Human Services. Dr. Mehmet Oz is implementing new policies at the Center …
Tax Considerations in Analyzing Offers from Practice Groups
Previously published in Healthcare News and Healthcare Michigan. Although in prior articles in this publication, I addressed tax issues faced by physicians and other practice groups, the purpose of this article is to guide physicians and other medical professionals as they compare the taxes payable by them under completing offers to join practice groups. These tax consequences will …
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Breaking: FDA, HHS Seek Public Input on Cutting Rules
On May 13, 2025, the U.S. Department of Health and Human Services (HHS) and the U.S. Food and Drug Administration (FDA) announced a public Request for Information to “identify and eliminate outdated or unnecessary regulations.” The 60-day public comment period opened earlier this week and encourages stakeholders to submit their ideas for deregulatory actions. According …
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Federal Enforcement of Mental Health Parity: Key Updates and Challenges Ahead
Previously published in Healthcare News and Healthcare Michigan On January 17, 2025, the U.S. Departments of Labor, Health and Human Services, and the Treasury (“the Departments”) issued their 2024 Report to Congress on the enforcement and implementation of the Mental Health Parity and Addiction Equity Act (“MHPAEA”). This regularly required report follows the Departments’ Final Rules issued in September 2024. …
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