Health Care Law Matters Blog

Recent Blog Posts

When Private Equity Comes Calling, Buy Instead

E.J. Cyran, Healthcare Lawyer and Partner at Fox Rothschild LLP, recently guested on PracticeCare®, a podcast devoted to help private practice owners stay private. The topic of the episode may be a surprising one for physicians, dentists and other healthcare providers–when private equity shows interest in your practice or your facility, think about expanding and buying another one yourself! Their offer is a signal that your local market might be attractive for acquisitions, and the best thing for you and…More

Court Vacates CFPB Medical Debt Rule: Key Takeaways for Providers

Earlier this month, the United States District Court for the Eastern District of Texas approved a consent judgment vacating the Consumer Financial Protection Bureau’s (CFPB) Medical Debt Rule. The decision holds that the CFPB exceeded its authority under the Fair Credit Reporting Act (FCRA) and violated the Administrative Procedure Act (APA) when enacting the Rule. This development has significant implications for healthcare providers and other entities involved in the reporting and use of medical debt information. Background: The Medical Debt Rule…More

Avoiding Landmines in Agreements between Healthcare Providers

E.J. Cyran, Healthcare Lawyer and Partner at Fox Rothschild LLP, recently guested on PracticeCare®, a podcast devoted to help private practice owners stay private. The topic of the episode was identifying and avoiding landmines in agreements between private practices and other healthcare providers. You can listen to the episode on Apple or Spotify here: https://marketvisorygroup.com/podcast/e-j-cyran-on-landmines-in-agreements-with-other-healthcare-providers/ Whether you have a medical, dental, therapy, medspa or other healthcare practice, this podcast is a must-listen to understand the pitfalls that exist in agreements between practices and…More

End of Semaglutide Shortage Means Big Changes for Prescribers and Compounders

“Medical needle“/ CC0 1.0 On February 21, the FDA announced that the shortage of semaglutide injection products has been resolved. Semaglutide has appeared on the FDA’s Drug Shortage List since 2022 because demand for the drug exceeded the available supply. Initially developed and utilized for treatment of Type 2 diabetes, semaglutide and other GLP-1 medications can also result in substantial weight loss, which has made them popular for on- and off-label use through medications marketed under brand names like Ozempic and…More

How Private Practices Can Avoid Landmines in Vendor Agreements

E.J. Cyran, Partner at Fox Rothschild LLP, recently guested on PracticeCare®, a podcast devoted to help private practice owners stay private. The topic of the episode was identifying and avoiding landmines in agreements between vendors and private practices. You can listen to the episode on Apple or Spotify here: https://marketvisorygroup.com/podcast/ej-cyran-on-landmines-in-vendor-agreements/ Whether you have a medical, dental, therapy or other healthcare practice, this podcast is a must-listen to understand the pitfalls that exist in agreements that vendors ask…More

Pennsylvania Limits Non-Competes for Most Health Care Practitioners and Requires Patient Disclosure Upon Departure

Beginning on January 1, 2025, employment-based non-compete covenants will be unenforceable against physicians, certified registered nurse practitioners, physician assistants and certified registered nurse anesthetists (each, a “practitioner”) in Pennsylvania, unless the non-compete covenant is for less than one year in duration and the practitioner was not “dismissed” by the employer. The Fair Contracting for Health Care Practitioners Act does allow the employer to recover certain reasonable expenses related to “relocation, training and establishment of a patient base” upon a…More

The CFPB’s Continued Spotlight on Medical Debt Emphasizes the Importance of Proper Provider Billing

Last month, the Consumer Financial Protection Bureau (CFPB) issued its 2023 Annual Report on the Fair Debt Collection Practices Act (FDCPA), which notes the CFPB’s activities and observations related to debt collection in 2022. The CFPB is continuing its trend of focusing its attention on medical debt.   The CFPB claims that the collection, furnishing, and reporting of medical bills is plagued by inaccuracies.  Servicemembers, older adults, and other patients submitted more than 8,500 debt collection complaints to the CFPB concerning…More

The CFPB Considers Rules to Remove Medical Debt from Credit Reports: What does this Mean for Medical and Dental Providers?

Last month, the Consumer Financial Protection Bureau (CFPB) kicked off a rulemaking process that, if enacted, would reshape the credit reporting and debt collection landscape and could have a detrimental effect on medical and dental providers’ bottom line. As we previously noted, the CFPB, under director Rohit Chopra, continues to make medical financing and debt collection a priority of the agency’s agenda.  In prepared remarks on a call with Vice President Kamala Harris, Director Chopra noted that 58% of all third-party…More

The CFPB’s Latest Report on Medical Credit Cards Addresses Misleading Activity by Providers.

Federal regulators are focusing in on medical credit cards and financing plans and the roles that healthcare providers have in facilitating them.  The Consumer Financial Protection Bureau (“CFPB”) is a federal agency charged with implementing and enforcing federal consumer financial laws in effort to ensure markets for consumer financial products are fair, transparent, and competitive.  The CFPB has made it a priority to monitor issues that impact medical financing and debt reporting under its current director, Rohit Chopra. In a report…More

Are We There Yet? New HIPAA Privacy Protections for Reproductive Health Data May Be Just Ahead

This blog post was first published on the Fox HIPAA & Health Information Technology Blog. It covers a critical new rule proposed by the Office For Civil Rights to close loopholes in HIPAA with respect to reproductive healthcare. For questions or follow-up, please contact Elizabeth Litten, Esq. at elitten@foxrothschild.com. As states enact and enforce various laws restricting, prohibiting, and even criminalizing abortion and other reproductive health care services, HIPAA rules that allow disclosure of patient information become…More