On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that would ban employers from imposing non-competes on their employees. The FTC asserted that this practice is widespread and often exploitative, and such actions can suppress wages, hamper innovation, and block entrepreneurs from starting their own businesses. Notably, while the proposed rule will affect all industries, not just healthcare, this proposal comes at a time when healthcare employers across the U.S. are struggling with staffing shortages. This Health Capital Topics article will discuss the proposed rule, reactions from healthcare industry stakeholders, and potential implications. (Read more...)

On December 19, 2022, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) published Advisory Opinion (AO) No. 22-20, analyzing the utilization of nurse practitioners (NPs) in lieu of attending physicians within medical units. The OIG concluded that the arrangement utilizing NPs in certain medical units, subject to several safeguards, presented a low risk for fraud or abuse. As noted by legal experts, this AO deviates from OIG’s typical approach to limiting arrangements involving potential remuneration from a hospital to its referring physicians. (Read more...)

After a record year in 2021 transactional activity, where healthcare mergers and acquisitions (M&A) were up by 56%, the market continued to thrive in 2022. Preliminary results revealed that 2022 M&A deals hit a record high of 2,409 deals, 150 transactions over what was observed in 2021. Despite economic challenges (e.g., rising interest rates and borrowing costs, inflation, and labor costs), the healthcare transactional market has remained active. This Health Capital Topics article will review the U.S. healthcare industry’s M&A activity in 2022, and discuss what these trends may mean for 2023. (Read more...) 

As discussed in the first installment of this three part series on the valuation of clinical laboratories, services provided by these labs rely on common diagnostic laboratory tests and disease-specific diagnostics to diagnose medical conditions. Medical advancements and technological innovation have brought new tests and equipment, as well as new techniques, that have allowed greater efficiency and automation. Clinical lab technology is expected to play a crucial role in the delivery of future healthcare services, especially given that healthcare reimbursement for clinical lab services (as discussed below) does not rise and fall to meet supply and demand. (Read more...) 
HCC’s Jessica Bailey-Wheaton, Esq. and Dr. Bhagwan Satiani of The Ohio State University College of Medicine, recently spoke on “The Surgeons Guide to Selling a Practice” for the American College of Surgeons. This module features a video and white paper that both provide tips and considerations when buying a practice.

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