Healthcare transactions face many regulatory and legal hurdles. You face the intersection of three different main laws in this area. The Stark Law, False Claims Act, and the Anti-Kickback statute place significant restrictions and possible penalties on your healthcare transactions. Knowing how these laws overlap and work together can help you avoid significant legal penalties….
The Federal Trade Commission continues to increase its scrutiny of healthcare mergers and acquisitions. Consolidation in the hospital and medical industry continues to up its pace. Regulators are taking a much more scrutinizing look at these transactions to avoid reduced competition and impacts to patient care. However, you can still move forward if you have…
Selling a medical practice or attracting outside investment is a pivotal moment in a physician’s career. Whether you are planning for retirement, seeking growth capital, or exploring new partnerships, preparing your practice for sale or investment requires careful planning, legal experience, and operational readiness. The healthcare attorneys at Daniels, Porco & Lusardi, LLP can help…
Healthcare transactions, especially mergers and acquisitions (M&A), are complex undertakings that require meticulous legal planning, regulatory navigation, and strategic foresight. Whether you are a hospital system expanding its footprint or a private equity firm acquiring a specialty practice, understanding the legal framework governing healthcare transactions is essential to mitigate risk and ensure compliance. The healthcare…
As healthcare costs rise and administrative burdens increase, a growing number of physicians are choosing to opt out of traditional insurance networks. By operating outside of Medicare, Medicaid, and private insurance plans, these providers aim to simplify billing, reduce overhead, and offer more personalized care. However, opting out of insurance is governed by strict legal…
Alternative Dispute Resolution (ADR) has become an increasingly vital tool in resolving healthcare disputes efficiently, privately, and cost-effectively. As litigation costs rise and regulatory scrutiny intensifies, healthcare providers, payers, and patients are turning to arbitration and mediation to settle conflicts without the burdens of traditional court proceedings. Understanding the structure, benefits, and limitations of ADR…
Private equity investment in physician practices has surged in recent years, reshaping the landscape of healthcare delivery across the United States. As private equity firms seek to consolidate fragmented medical markets and drive profitability, physicians and healthcare organizations face both promising opportunities and significant legal and operational risks. Understanding the implications of private equity ownership…
Guiding your family through the upheaval and high emotions of a stressful personal episode requires diplomacy and a deft touch. If your health is failing and your family members are left to handle things themselves, you can still provide a reassuring presence—by planning with advance care directives and other estate tools. Getting everyone in the…
On April 23, 2024, the Federal Trade Commission issued a final rule federally banning covenants not to compete for almost all workers. The final rule prohibits employers from requiring covenants not to compete for their workers and also voids all existing covenants not to compete, with very limited exceptions. The final rule defines “worker” very…
On March 7, 2024, an LSD formula (MM120) was granted Breakthrough Therapy Status by the FDA. According to the FDA, the “Breakthrough Therapy Status” designation requires preliminary clinical evidence that demonstrates the drug may have substantial improvement on at least one clinically significant endpoint over available therapy. This also means the LSD formula has received…