The U.S. Court of Appeals for the First Circuit, in United States v. Regeneron, has joined the Sixth and Eighth Circuits in adopting the “but-for” standard to find that a violation of the Anti-Kickback Statute (AKS) triggers the False Claim Act (FCA). The First, Sixth, and Eighth Circuits have adopted the burdensome “but-for” causation standard
The medical spa industry is thriving, but with growth comes complexity, particularly in New Jersey where healthcare and professional licensing rules intersect with business and real-estate regulations. For physicians, nurses, or allied health professionals exploring a new medical spa venture, expanding an existing practice, or preparing for a sale, understanding the state’s unique requirements is
As New Jersey begins its long-awaited build-out of energy and battery storage for electricity, the healthcare sector can look down the road for potential benefits and opportunities. Although Phase 1 of the program is designed for large scale generation, it will set the framework and serve as a blueprint for healthcare facilities to add another
The implementation of the One Big Beautiful Bill Act will have profound and broad-based impacts on alternative and clean energy initiatives, and potential impacts to the healthcare sector are no exception.
Healthcare facilities, as well as other medical and life-science organizations, are well advised to accelerate their thinking on developing and deploying solar and other
New York is poised to become the twelfth state in the country to authorize medical aid in dying with a physician’s prescription for lethal medication to be self-administered by the patient. On June 9, 2025, the New York Senate passed the bill on its third reading after earlier passage in the Assembly on April 29.
Private Equity (PE) firms continue to be significant players in U.S. healthcare, acquiring assets across various sectors such as physician practices, home health, behavioral health, and urgent care. However, recent legal developments and enforcement trends over the last five years underscore the increasing regulatory scrutiny and legal risks associated with these investments.
Antitrust Enforcement Is
On May 12, 2025, the U.S. District Court for the District of New Jersey entered a decision dismissing a lawsuit filed by a Massachusetts radiation oncologist and a Pennsylvania neurosurgeon, which claimed New Jersey’s licensure requirements to offer healthcare via telemedicine in New Jersey was unconstitutional. The case is MacDonald et al. v. Sabando.
On March 15, 2025, President Donald Trump signed a continuing resolution extending funding of the federal government through September 2025. Included in the continuing resolution were provisions that also extended Medicare telehealth flexibilities through September 2025.
Many providers in the healthcare industry have come to rely upon these virtual services for the delivery of care
On February 28, 2025, the Appellate Division of the Superior Court of New Jersey filed an opinion approved for publication in S.V. v. RWJ Barnabas Health. The court reversed the denial of a motion for summary judgment and ordered the dismissal of the psychiatric malpractice complaint. In an opinion written by Judge Sabatino, it
A recent article in the Journal of the American Medical Association (JAMA) triggers a question as to whether the standard of care to evaluate claims for medical malpractice should be changed. For decades, the New Jersey Model Civil Jury Charge has instructed jurors to measure the conduct of a defendant physician against the