This blog explores physician recapitalization transactions and how complex they are and their myriad issues. At Foley, in our representation of both investors in, and sellers of, physician practices, we note how often tax issues become gating items that drive the structural aspects of the transaction.
This blog focuses on the Biden Administration’s announcement on its intention to end the COVID-19 public health emergency (PHE) on May 11, 2023. For Federally Qualified Health Centers (FQHCs), flexibilities offered under the PHE expanded opportunities to be paid for telehealth services, particularly for Medicare patients. Any FQHC relying on PHE flexibilities should begin preparing for the end of the PHE to ensure its service offerings are in compliance with post-pandemic requirements.
This article focuses on the Centers for Medicare & Medicaid Services (CMS) massive rule (Final Rule)2 amending regulations for Medicare Advantage (MA or Part C), Medicare Cost Plan, the Medicare Prescription Drug Benefit (Part D) programs, and Programs of All-Inclusive Care for the Elderly (PACE).
This blog post focuses on health care companies who are increasingly using artificial intelligence (AI) to create innovations, set prices, and compete with rivals. At the same time, federal and state antitrust enforcers are finding new ways to apply antitrust law to the modern, data-driven economy. Amid these myriad changes in technology and the law, the time is ripe to consider what the growth of AI in health care means for antitrust compliance.
This article focuses on the changes to the Medicare Advantage (MA) and Part D programs marketing rules at 42 C.F.R. parts 422 and 423, which are applicable for all contract year 2024 marketing and communications beginning September 30, 2023.
For legal professionals, caution and conservatism are often vital in fulfilling their job responsibilities. Discretion and thoroughness are required to protect clients’ best interests. So it’s no wonder that many in the legal field are hesitant to adopt new, untested technologies. Even with potential benefits on the horizon, the risk of using tools that haven't been fully vetted can be enough to slow down innovation. Read more here.
Recent developments from CFIUS signal a renewed vigor to protect US national security. In this Client Alert, Latham attorneys highlight the recent developments related to national security investment reviews and outline its implications.
A recent letter from 21 state Attorneys General to various asset managers demonstrates a focus on using antitrust and unfair competition laws to oppose ESG efforts. In this Client Alert, Latham & Watkins attorneys review the major enforcer and congressional statements over the past year that have raised antitrust and competition concerns with ESG initiatives; analyze how the AG Letter reflects a refinement of theories of harm under state and federal competition laws; and provide guidance to entities implementing ESG policies on how to minimize legal risks.
While issuers continue to commit to sustainability/ESG objectives, for the first time since sustainability-linked bonds (SLBs) emerged, certain SLB issuers missed their sustainability targets in 2022 and early 2023. Further, market participants have recently expressed concerns about other SLB issuers in danger of not hitting their SPTs and, in general, about the credibility of SLBs in light of issuer ambitions and incentives to achieve sustainability targets. Issuers should consider the ambitiousness of their sustainability targets, any challenges in achieving the targets on schedule, and how they will prove their progress. In this resource, Latham & Watkins provides 10 takeaways relating to these developments for potential SLB issuers and their underwriters.
How will governments across the globe respond to this pivotal technology? And for the United States, how will our government respond? This resource from Seyfarth dives into these questions.