The Deal
On June 2, 2026, the Federal Trade Commission (FTC) required nonprofit health system Ascension Health Alliance to divest several ambulatory surgery centers (ASCs) as a condition of closing its proposed $3.9 billion acquisition of AmSurg LLC. The order reflects the FTC’s continued focus on competition in local outpatient markets.
Fair market value arrangements and those that satisfy an exception to the physician self-referral law (Stark Law) can nonetheless violate the federal Anti-Kickback Statute (AKS). That is the message of two recent updates the U.S. Department of Health and Human Services Office of Inspector General (OIG) made to its Frequently Asked Questions (FAQs) about fraud and abuse laws.
Management service organizations (MSOs) with affiliated clinical labs and urgent care clinics should take note of newly identified guardrails that will facilitate their compliance with the federal Anti-Kickback Statute (AKS). Earlier this year, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued Advisory Opinion No. 26-02, a favorable opinion concluding that an MSO could own and operate an independent clinical laboratory that accepts referrals from urgent care centers managed by the same MSO without implicating the AKS.
A recent decision by Florida’s First District Court of Appeal (DCA) has significant implications for physicians and other practitioners who dispense medications to injured workers. In No. 1D2023-0941, 2026 WL 513788 (Fla. 1st DCA Feb. 25, 2026), the court invalidated two rules issued by the Florida Department of Financial Services (DFS) that made it harder for workers’ compensation insurers to refuse to cover medications dispensed directly by physicians and other registered dispensing practitioners. The court held that these rules are an invalid exercise of DFS’s rulemaking authority. Accordingly, workers’ compensation insurers may require injured workers to use pharmacies as opposed to receiving medications directly from their treating providers.
The U.S. Department of Justice (DOJ) recently released its first-ever Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) for criminal matters. The new CEP creates a uniform national policy for how the DOJ rewards companies that voluntarily self-report criminal conduct. Building on the 2025 CEP of the DOJ’s Criminal Division, the new CEP supersedes all prior corporate enforcement policies from individual DOJ components and U.S. Attorneys’ Offices. It applies to all corporate criminal matters handled by the DOJ, except for violations of the Sherman Antitrust Act.
On March 9, 2026, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a favorable advisory opinion regarding a retiring physician’s transfer of ownership interests in a Medicare-certified ambulatory surgical center (ASC) as part of his retirement plan.
During its recently adjourned regular session, the Florida Legislature passed several bills that affect the state’s healthcare industry, including legislation that creates a new specialty license type for Assisted Living Facilities (ALFs) providing memory care services, reestablishes the licensure and regulation of naturopathic doctors, and prohibits pharmacy benefits managers (PBMs) from requiring pharmacies to dispense drugs or biologics at a loss. The table below summarizes healthcare-related bills that the Florida House and Senate both approved, which now await the governor’s signature.
The Florida Legislature has identified a regulatory gap. As Florida’s population experiences a “silver tsunami,” the number of people who currently live with Alzheimer’s disease or related dementias (collectively, Dementia) is expected to increase sharply. Lawmakers concluded that existing Assisted Living Facility (ALF) regulations are insufficient for this growing and vulnerable population that requires specialized care.
GLP-1 medications have quickly become a significant cost driver in employer-sponsored health plans, with annual per-participant costs frequently exceeding $10,000 and utilization rates continuing to rise. The GLP-1 landscape continues to change (for example, in December 2025, the U.S. Food and Drug Administration (FDA) approved a daily pill form of GLP-1). Consequently, plan sponsors are wrestling with managing GLP-1 benefits in a way that is financially sustainable, legally defensible, and sensitive to participants’ healthcare needs.
As the No Surprises Act (NSA) enters 2026, federal agencies are expected to focus on three key issues: finalizing delayed rulemaking, issuing guidance to address operational challenges in the Independent Dispute Resolution (IDR) process, and managing enforcement discretion amid ongoing litigation. At the same time, several statutory provisions remain unimplemented, creating regulatory uncertainty for health plans, providers, and other stakeholders.
