JD Supra Healthcare

Medicare NPI and Attestation Rules for Hospital Off-Campus Departments

CMS will implement new Medicare attestation requirements for off-campus hospital outpatient departments under Section 6225 of the Consolidated Appropriations Act, adding Section 1833t(23) to the Social Security Act. Beginning January 1, 2028, off-campus departments paid under OPPS must bill under their own location-specific NPI and submit provider-based attestations demonstrating compliance with 42 C.F.R. § 413.65 between January 1, 2026 and December 31, 2027. All previously excepted or grandfathered sites are included.

Florida AHCA Six-Month Moratorium on DME Medicaid Enrollment

Florida's Agency for Healthcare Administration (AHCA) has implemented a six-month moratorium on new Durable Medical Equipment (DME) provider Medicaid enrollment, effective March 20, 2026. The moratorium applies statewide to all 67 Florida counties and targets new applications only; applications received before the effective date continue processing. Exemptions include pharmacies, hospitals, and entities furnishing DME as a secondary function. This action follows a similar federal CMS moratorium and targets fraud prevention in a state identified as high-risk for DME-related fraud.

CMS ACCESS Model ties digital health payments to clinical outcomes

The Centers for Medicare & Medicaid Services (CMS) announced the Advancing Chronic Care with Effective, Scalable Solutions (ACCESS) Model, testing Outcome-Aligned Payments where fixed per-beneficiary payments ($90-$420 annually) are contingent on Medicare beneficiaries achieving measurable clinical outcomes. The model covers four Clinical Tracks focused on cardio-kidney-metabolic conditions, musculoskeletal pain, and behavioral health, with applications for the first cohort due April 1, 2026.

Kain Capital Acquires White Wilson Medical Center

McGuireWoods LLP reported that Kain Capital has completed its acquisition of White Wilson Medical Center, an independent multi-specialty physician group based in Fort Walton Beach, Florida. White Wilson operates nine clinic locations with more than 70 providers serving Florida's Emerald Coast. Terms of the acquisition were not disclosed.

Pinnacle MultiCare v. HHS - $31.2M Medicare Recoupment Dispute

Pinnacle MultiCare Nursing and Rehabilitation Center, a Bronx nursing facility, filed a federal action in SDNY on February 26, 2026, to contest HHS's $31.2 million Medicare Part A recoupment demand. OIG cited a 99% error rate in claims submitted during 2020-2021, with HHS demanding repayment by February 27, 2026, plus 12% interest. Pinnacle argues the recoupment violates pandemic-era federal directives and state immunity protections.

Physician Employment Agreements: Five Enforceability Pitfalls

Sheppard, Mullin, Richter & Hampton LLP published an analysis identifying five common pitfalls in physician employment agreements. The article focuses on enforceability challenges with restrictive covenants (non-competes, non-solicits) given the state-by-state patchwork of regulations affecting healthcare employers. The analysis highlights varying state restrictions including outright bans (Alabama, Rhode Island), time limits (Louisiana: 3 years, Connecticut: 1 year), geographic limits (Maryland: 10 miles, West Virginia: 30 road miles), and Texas's buyout clause requirement.

Q1 2026 Healthcare Consolidation Legislation Recap

Holland & Knight's Q1 2026 recap summarizes proposed federal and state legislation affecting healthcare consolidation. Key federal developments include the successful challenge to FTC's Hart-Scott-Rodino rules (returning to old rules pending appeals) and FTC Chair's March 20, 2026 memorandum establishing a Healthcare Task Force. State legislatures have expanded scrutiny beyond private equity to include REITs, MSOs, and health insurers, with states revisiting corporate practice of medicine doctrine. Of 12 tracked bills, only 2 passed while 10 stalled.

Canada Launches Pharmaceutical and Life Sciences Sector Task Force

Health Canada and Innovation, Science and Economic Development Canada announced the creation of the Pharmaceutical and Life Sciences Sector Task Force on March 18, 2026. The joint initiative will explore made-in-Canada solutions to enhance competitiveness and improve access to pharmaceutical products while reducing regulatory burden. The task force builds on Health Canada's ongoing Red Tape Review and will include pharmaceutical and biotechnology stakeholders.

Healthcare Regulatory Update: CMS Claims Rule, Reconciliation, Illicit Drug Legislation

McDermott+ Consulting weekly update covering CMS final rule modernizing claims processing with HIPAA standards for electronic healthcare claims attachments and electronic signatures. Congressional Republicans are discussing 'reconciliation 2.0' legislation with potential healthcare savings; House Energy and Commerce Health Subcommittee reviewed opioid-related bills including the Combatting Illicit Xylazine Act and Alternatives to Pain Act. HHS announced new Healthcare Advisory Committee members and launched the ASPIRE pediatric care coordination model.

AI Scribe Legal Risks, Consent Requirements, HIPAA Compliance

JD Supra Healthcare published a legal analysis by McDermott Will & Schulte addressing legal considerations for healthcare providers deploying AI scribes. The article covers state recording consent laws (noting over a dozen all-party consent states), HIPAA implications, biometric consent issues related to voiceprint features, and vendor liability considerations for third-party AI platforms.

Tennessee gets $206.9M rural healthcare transformation funding

Tennessee gets $206.9M rural healthcare transformation funding

CMS Nationwide DMEPOS Enrollment Moratorium - Seven Supplier Types

CMS announced a six-month nationwide enrollment moratorium on initial Medicare enrollment for seven categories of DMEPOS suppliers, effective February 27, 2026 through August 27, 2026. The moratorium, the first nationwide DMEPOS enrollment freeze in program history, targets medical supply companies with orthotics, pedorthic, prosthetics, and other specialized personnel. Florida became the first state to implement a parallel Medicaid DMEPOS moratorium on March 25, 2026, signaling potential expansion to other states.

FTC Healthcare Task Force targets consolidation, enforcement authority boost

FTC Healthcare Task Force targets consolidation, enforcement authority boost

BC Health Professions Regulatory Reform - New HPOA Framework

British Columbia is replacing the Health Professions Act (HPA) with the Health Professions and Occupations Act (HPOA), effective April 1, 2026. The new legislation establishes a Health Professions and Occupations Regulatory Oversight Office (Superintendent's Office) to oversee six health regulatory colleges, marking a significant shift from self-regulation to government-driven oversight. The HPOA introduces new bylaws requirements, prescribed licensee duties, and establishes a dedicated Discipline Tribunal.

EU Privacy Regulators Issue Opinion on Proposed Biotech Act

The European Data Protection Board (EDPB) and European Data Protection Supervisor (EDPS) issued a joint opinion on the proposed EU Biotech Act. The opinion supports the act's goals but calls for clarification on GDPR compliance, data processing, consent, AI obligations, and data retention for clinical trials involving medicinal products.

CMS Seeks Letters of Intent for Medicare Lifestyle Intervention Funding

The Centers for Medicare and Medicaid Services (CMS) is seeking letters of intent for the MAHA ELEVATE Model, a new funding opportunity to pilot lifestyle interventions within Original Medicare. Approximately $100 million will be awarded over three years to 30 cooperative agreements, with letters of intent due by April 10, 2026.

CDC Solicitation of Nominations for Mine Safety and Health Research Advisory Committee

The CDC is soliciting nominations for membership on the Mine Safety and Health Research Advisory Committee (MSHRAC). The committee consists of 10 experts in mining safety and health research and practice. Nominations are due by April 22, 2026.

FTC Creates Healthcare Task Force

The Federal Trade Commission (FTC) has established an internal Healthcare Task Force to enhance enforcement and policy efforts related to competitive and affordable healthcare. The task force aims to improve knowledge sharing, identify emerging issues like AI in healthcare, and expand inter-agency collaboration.

Healthcare Authority Newsletter - March 2026

The Centers for Medicare & Medicaid Services (CMS) has doubled its nursing home staffing campaign funding to $200 million. The newsletter also highlights state encouragement for ACA signups, physicians forming IPAs, increased healthcare IT and cybersecurity investments, a report urging reform of private equity investment in healthcare, and CMS's efforts to leverage AI for Medicare beneficiaries.