The New Health Care Law Reform Bill & PPACA | Foster Swift

CMS Nationwide Moratorium on Home Health and Hospice Enrollment: What Existing Providers Need to Know

Jennifer B. Van Regenmorter, Badri Yono Jr. — Tue, 09 Jun 2026 09:00:01 -0400

In May 2026, the Centers for Medicare & Medicaid Services (CMS) implemented a nationwide six-month moratorium on new Medicare enrollments for home health agencies (HHAs) and hospices. The moratorium has raised immediate questions for providers and investors, particularly regarding whether ownership changes or restructuring transactions may be impacted.

1. Scope of the Moratorium

The moratorium, effective May 13, 2026, is aimed primarily at:

New Medicare enrollment applications for HHAs and hospices; and
Certain ownership transactions that require a new enrollment ...

Understanding Michigan’s Corporate Practice of Medicine: Why It Matters and Common Traps to Avoid

Thomas W. Huyck — Thu, 30 Apr 2026 09:00:02 -0400

Many licensed professionals in Michigan including physicians, surgeons, dentists, and others, have heard the phrase “corporate practice of medicine,” often shortened to CPOM. Even fewer understand what it means, whether it applies to their profession, or when it becomes relevant.

CPOM issues tend to surface at specific moments such as when a practice seeks outside investors, contracts with a management company, or considers a sale or expansion. They also arise in multidisciplinary practices and, with increasing frequency, when a wellness ...

What Physician Practices Should Know Before Joining a Health System Through Acquisition

Thomas W. Huyck — Mon, 13 Apr 2026 09:00:03 -0400

Joining a health system through acquisition can offer meaningful benefits to a physician practice, including enhanced operational support, access to capital, improved payer contracting leverage, and long‑term sustainability. At the same time, these transactions involve a complex and highly regulated legal landscape. Physician owners who understand the key legal and operational issues early in the process are better positioned to manage risk, preserve value, and avoid post‑closing surprises.

Outlined below are several primary legal considerations physician ...

ICLE Institute Addresses Critical Issues in Health Care Law

Wed, 18 Mar 2026 09:00:04 -0400

Foster Swift attorneys (left to right) Thomas Huyck, Alex Rusek, Jennifer Van Regenmorter, and Badri Yono attended the Institute of Continuing Legal Education's (ICLE) 31st Annual Health Law Institute Seminar in Livonia at Schoolcraft College on Thursday, March 12, 2026.

Co-sponsored by the Health Care Law Section of the State Bar of Michigan, this one-day event covered the latest key updates and critical issues for professionals in the ever-changing landscape of health care law.

Topics included: Current state and federal regulations, investment trends influencing health ...

Navigating IRS Scrutiny: Ensuring Compliance for Tax-Exempt Entities

Jennifer B. Van Regenmorter, Michael C. Zahrt — Mon, 05 May 2025 09:00:05 -0400

Healthcare executives are advised to consider the significance of a ruling issued in 2024 by the Internal Revenue Service (IRS) which revoked the tax-exempt status of a non-profit organization. In Private Letter Ruling* 202437007, the IRS determined that a non-profit organization had failed the “operational test” and revoked its tax-exempt status.

The entity in question had indicated no charitable activities or related expenses, leading the IRS to conclude that the organization was not operating exclusively for tax-exempt purposes.

Implications for Healthcare ...

FTC Prohibits Most Noncompete Agreements Between Employers and Workers

Michael R. Blum, Karl W. Butterer, Anthony M. Dalimonte, Clifford L. Hammond — Tue, 30 Apr 2024 09:00:06 -0400

In a 3-2 vote along party lines on April 23, 2024, the U.S. Federal Trade Commission (FTC) approved and issued a final rule to take effect in 120 days prohibiting most noncompete agreements between employers and workers. The Commission says the new regulations will ensure that American workers have the freedom to pursue a new job, start a new business or introduce a new product or service to the market.

See the full, original article here: FTC Prohibits Most Noncompete Agreements | U.S. Workers | Legal Challenges Expected: Foster Swift

DHHS Revises and Clarifies Guidelines for Patients’ Informed Consent When Providing Sensitive Medical Care

Alexander S. Rusek — Wed, 17 Apr 2024 09:00:07 -0400

In recent years, Michigan has been home to two of the largest sexual abuse scandals involving doctors in history: the sexual abuse committed by Larry Nassar while employed by Michigan State University and the sexual abuse committed by Robert Anderson while employed by the University of Michigan. In both circumstances, the former doctors carried out their sexual abuse under the guise of medical procedures and without the informed consent of their targets. Michigan is not alone in being home to these types of sexual abuse scandals as similar acts have been alleged to have been committed by many other health care providers, such as Richard Strauss (Ohio State University), George Tyndall (University of Southern California), Derrick Todd (Bringham and Women’s Faulkner Hospital (Boston, MA)), Major Michael Stockin (United States Army), amongst others.

HIPAA Disclosures of Protected Health Information after Dobbs v. Jackson Women's Health Organization: Foster Swift Highlights Navigating Michigan and Federal Law

Lindsey Mead (Summer Associate) — Tue, 19 Jul 2022 09:00:08 -0400

After the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade on June 24, 2022, the Department of Health and Human Services (“HHS”) was tasked with responding to how the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) would be affected. Particularly, HHS’s Office for Civil Rights has released guidance regarding how the HIPAA Privacy Rule may or may not permit disclosure of an individual’s sexual and reproductive health information without express authorization from the patient.

CMS Guidance Ends Waivers for COVID-19

Fri, 15 Apr 2022 09:00:09 -0400

On April 7, the Centers for Medicare & Medicaid Services (CMS) issued an update to the COVID-19 emergency declaration blanket waivers for specific providers. The memorandum, which was issued by the Director of the Quality, Safety & Oversight Group, details the numerous changes that will take place within 30 or 60 days of the memorandum’s publication.

Update to CMS Guidance on Shared Health Care Facilities

Julie LaVille Hamlet, Jennifer B. Van Regenmorter — Thu, 17 Feb 2022 09:00:10 -0500

The Centers for Medicare & Medicaid Services (CMS) have recently released updated guidance regarding hospital co-locations arrangements. After nearly two years of deliberations and revisions, the final Guidance for Hospital Co-location with Other Hospitals or Health Care Facilities (the “Final Guidance”) was released on November 12, 2021 and took effect immediately upon publication. The Final Guidance is meant to address how CMS and other state agency surveyors will evaluate how hospitals share their space, services, and staff.