Venable joins the American Health Law Association (AHLA) in celebrating Health Law Week with a recap of our health services industry team contributions that, in the spirit of interaction and information exchange, help educate and connect the health law community.
We support AHLA's mission of providing a forum to encourage attorneys and related health law professionals to get involved in education and networking events.
Recent Insights
Event in Review: Healthcare Private Equity Deals '22 – Where Have We Been, Where Are We Going?
A recap of a Venable panel discussion with investors, lenders, investment bankers, and consultants, addressing the state of middle-market healthcare services investments and the deal environment.
Representations and Warranties in Health Care Transactions: Why a General "Compliance with All Laws" Representation Won't Do
In this contribution to the American Bar Association's Business Law Section, Business Law Today publication, Ari Markenson addresses material risks in the highly regulated healthcare services industry and discusses the distinctions between an "all laws" representation versus industry-specific representations in transaction documents.
Conversations with AHLA Leaders: Ari Markenson, Partner, Venable LLP
In this episode of AHLA's Speaking of Health Law podcast, Venable partner and AHLA board member Ari Markenson spoke about how walking the halls of hospitals and medical schools during his childhood led him to health law. He also discussed the challenges related to recruitment and health law specialization, how AHLA's online communities helped him become more involved in the Association and grow in the health law community, and his desire to help young professionals pursue a lifelong career in health law.
Earn-Outs in Healthcare Transactions and How They Might Implicate the Federal Anti-Kickback Statute
In this contribution to Deal Points, the Mergers and Acquisitions Committee newsletter of the ABA's Business Law Section, members of Venable's healthcare industry team cover earn-out structures in transactions involving businesses that derive revenue directly or indirectly from federal healthcare programs and how they may implicate the Federal Anti-Kickback Statute.
Webinar in Review: Kicking the Tires in Private Equity Healthcare Services Deals in '22
A recap of a Venable panel discussion with healthcare-focused private equity investors to learn how they are assessing risk in this competitive and frenzied marketplace for healthcare services transactions.
Upcoming Events
Assessing Material Regulatory Risks in Healthcare M&A: Government Reimbursement, Fraud and Abuse, Licensure, Privacy Webinar
June 15, 2022 | Webinar
Ari Markenson will be speaking in an upcoming Strafford CLE live video webinar on June 15. This CLE course will guide healthcare counsel on evaluating regulatory risks in healthcare mergers and acquisitions. The panel will discuss requests to address such risks in pre-transaction diligence and how to address them in transaction documents. The panel will offer best practices for mitigating these material regulatory risks.
ACG NY Healthcare Conference
June 22, 2022 | New York, NY
Venable is proud to support ACG's 14th Annual Healthcare Conference. Venable attorneys, Todd Gustin, William Haddad, Ari Markenson and Poornima Gopoji will be in attendance. We look forward to seeing you there.
AHLA Annual Meeting and In-House Counsel Program
June 26-29, 2022 | Chicago, IL
Venable is proud to support AHLA's annual meeting. Venable attorneys, Evelynn Bui, Giselle Lai and Ari Markenson will be in attendance. We look forward to seeing you there.
Recent Events
Healthcare Private Equity Deals '22 – Where Have We Been, Where Are We Going?
Moderated by Ari Markenson, this expert panel of investors, lenders, investment bankers, and consultants addresses the state of middle-market healthcare services investments and the deal environment.
Kicking the Tires in Private Equity Healthcare Services Deals in '22
This virtual discussion with healthcare-focused private equity investors addressed how they are assessing risk in an extremely competitive and somewhat wild market.
Private Equity and Outside Investment in Healthcare
Ari Markenson co-presented "Private Equity and Outside Investment in Healthcare" at the New York State Bar Association (NYSBA) Health Law Section Annual Meeting on January 26. Ari is a past chair and current member of the NYSBA Health Law Section Executive Committee.
Additional Resources
Contractual Safeguards That Fall Short of a Safe Harbor
According to a recent advisory opinion from the Department of Health and Human Services Office of Inspector General, a proposed fee arrangement could run afoul of the Federal Anti-kickback Statute, if it allows for clinical laboratories to compensate hospitals for patient referrals for such laboratory services.
COVID-19 Long-Haulers May Have Tough Time Getting Long-Term Disability Benefits
Juliana Reno was quoted in SHRM on whether individuals with severe COVID-19 symptoms that last for months, known as "COVID-19 long-haulers," are covered by a company's long-term disability benefits.
Providers Given an Additional Opportunity to Comply with Provider Relief Fund Reporting Requirements
In this contribution to the ABA's Health Law Section News for Healthcare Fraud & Compliance, Chris Conn and Ari Markenson cover the HRSA deadline reporting extension for certain providers that received CARES Act funds and missed previous Provider Relief Fund (PRF) reporting deadlines.
In this contribution to the ABA's Health Law Section News for Healthcare Fraud & Compliance, Giselle Lai and Ari Markenson cover an affirmed dismissal by the U.S. Court of Appeals for the District of Columbia Circuit of a telehealth provider's lawsuit regarding reimbursements for critical care telehealth services provided from outside the United States.
OIG Finds Patient Incentives OK in Substance Use Disorders Treatment
In this contribution to the ABA's Health Law Section News for Healthcare Fraud & Compliance, Giselle Lai and Ari Markenson cover the posting of an advisory opinion from the Office of Inspector General (OIG) to a digital health company that provides personalized treatment of substance use disorders based on contingency management incentives (the CM Program).
Lacking Particularity, Whistleblower's Qui Tam Case Dismissed with Prejudice in Pennsylvania
In this contribution to the ABA's Health Law Section News for Healthcare Fraud & Compliance, Giselle Lai and Ari Markenson cover a dismissal with prejudice by the U.S. District Court for the Eastern District of Pennsylvania of an action brought by a licensed nurse under the False Claims Act against an operator of treatment facilities for disabled individuals.
Clinical Lab v. HHS on Overpayment: It's Not Over until It's Over
In this contribution to the ABA's Health Law Section News, Giselle Lai and Ari Markenson cover the Fifth Circuit's ruling regarding a defunct diagnostic testing laboratory's right to sue HHS for money owed in an overpayment decision.
Fast Times in Federal Courts: Will the Vaccine Mandates Stay, or Will They Go?
Three arms of the federal government have issued guidance mandating COVID-19 vaccines for various groups of employees. Unsurprisingly, each of these mandates has been challenged in court. The status of these mandates will change rapidly as various courts consider arguments for and against them. For now, here is the status of the three federal COVID-19 vaccination mandates as of this alert.
HHS Releases Its FY 2021 Financial Report – Insights on Improper Payments
With $2.8 trillion in budgetary resources, HHS oversees the largest healthcare payment programs by expenditure, including Medicare and Medicaid. Safeguarding the HHS budget is critical to the agency's financial integrity. The Financial Report reveals that $153.87 billion in estimated improper payments occurred in FY 2021, approximately 13% of all HHS payments from federal healthcare programs.
How Much Ambiguity Is Enough? The Supreme Court's Latest Case on Agency Deference
It may be time for federal agencies – and everyone else who litigates administrative law cases – to brush up on their statutory interpretation skills. The U.S. Supreme Court heard arguments in American Hospital Association v. Becerra, an arcane dispute over Medicare payments for prescription drugs. The Court granted review to decide how much leeway so-called Chevron deference gave the Department of Health and Human Services in interpreting the Medicare statute. The answer may be: Not much.