Insights & Resources

Garfunkel Wild’s Robert A. Del Giorno will co-present the “Long Term Care Staffing in Flux: Regulatory Requirements, Immigration Pressures, and Workforce Enforcement Trends” webinar for the American Health Law Association on May 29, 2026 from 2:00 PM to 3:00PM ET.

With artificial intelligence (AI) technology becoming global, every information technology (IT) contract your organization enters into without appropriate data use restrictions can lead to your data and information being used for the purposes of training AI without your knowledge and for the sole benefit of the vendor

Website pixel tracking lawsuits remain active across the country—and health care organizations remain prime targets. While much of the focus is on existing website content, a quieter risk often arises earlier: in web development and rebranding contracts.

On the heels of explosive allegations of widespread fraud within hospice and home health agencies (HHA) across the country, the Centers for Medicare & Medicaid Services (CMS) announced a six-month enrollment moratorium on May 13, 2026.

Garfunkel Wild’s Salvatore Puccio and David M. Traskey to present at the Ambulatory Surgery Center Association’s ASCA 2026, May 13-16, 2026.

Garfunkel Wild’s Steven R. Antico presented “Structural and Operational Issues Arising from Business Formation and Operation” at the 2026 Military Law and Veterans’ Affairs Symposium in New Brunswick, New Jersey on April 18, 2026.

In the latest challenge to hospitals’ rights to use contract pharmacies, drug manufacturers targeted a Maryland law that barred them from restricting shipments of 340B drugs to contract pharmacies. In a disappointing turn for hospitals, the Fourth Circuit sided with the manufacturers and overturned a lower court ruling that had favored the state, clearing the way for the manufacturer’s unilateral restrictions to potentially move forward. This ruling contrasts earlier decisions issued by other courts, which had generally favored states who had issued laws similar to that enacted by Maryland.

In yet another escalation of data transparency requirements, AstraZeneca has joined the ranks of Eli Lilly and Novo Nordisk and announced that effective May 1, 2026, covered entities must submit pharmacy and medical claims data for all 340B purchases, including in-house pharmacy dispensations, as a condition of accessing 340B pricing.

The U.S. Department of Health and Human Services, Office of Inspector General recently issued a favorable advisory opinion (26-05) in which it approved a medical device company’s proposal to subsidize certain Federal health care program cost-sharing obligations for a clinical trial that evaluated Company’s U.S. Food & Drug Administration-approved device in a new patient population with heart failure. Company proposed to pay in full the cost-sharing obligations that eligible participating patients would owe to Medicare for reimbursable items and services furnished during the trial.

No-fault insurers have increasingly relied on Examinations Under Oath as a tool to investigate claims submitted by medical providers. EUOs were originally intended as a tool for insurers to verify information related to a specific claim and to ensure that treatment billed was related to the underlying accident.

The U.S. Department of Health and Human Services, Office of Inspector General recently issued a favorable advisory opinion (26-03) in which it approved a Manufacturer’s proposal to give discounts on its conventional intraocular lenses and other surgical supplies used in cataract surgeries to ambulatory surgery centers if the ophthalmological practices that used the ASCs paid a one-time set up fee and a monthly subscription fee at full price for Manufacturer’s web-based software platform.

Garfunkel Wild’s Adrian Altunkara presented a Continuing Legal Education program entitled “Starting and Structuring Healthcare Businesses in New York and New Jersey: MSOs, Professional Practices, and Regulatory Pathways” for the New Jersey State Bar Association on Thursday, March 26, 2026.

A Medicare beneficiary’s ability to have options and to make financially informed choices about his or her health care is essential. Advanced Beneficiary Notices of Non-Coverage (ABNs) play an important role in making sure beneficiaries understand their financial responsibilities for medical items and services that Original Medicare (i.e., fee-for-service) is expected to deny.

David Traskey recently secured a fully favorable decision in a client’s skin substitute case at hearing before an Administrative Law Judge.

Health Care IT contracts are rarely just about technology. They govern access to patient data, compliance with complex regulatory obligations, and the systems that keep day-to-day operations running. Yet these agreements are often dense, highly technical, and drafted on vendor-friendly terms, making it easy for critical risks to go unnoticed until something goes wrong.

A trailblazing decision has been issued by Judge Rakoff of the United States Federal Court for the Southern District of New York. The decision, issued on February 17, 2026, analyzes the applicability of attorney-client privilege and the work product doctrine to third-party generative Artificial Intelligence (AI) platforms.

The COVID-19 public health emergency resulted in widespread changes in the delivery of health care items and services to patients, particularly those that required “direct supervision” under Medicare Part B. The Centers for Medicare & Medicaid Services relaxed the direct supervision requirement during the PHE to include circumstances where a physician (or other practitioner) was “immediately available” by virtual presence through two-way audio/video real-time communications technology. Effective January 1, 2026, CMS adopted this relaxed definition of direct supervision permanently for a broad category of services.

The first report issued under the new OIG Inspector General, T. March Bell, highlights the OIG’s reliance on “advanced analytical tools and the collaborative skills of its innovative, multidisciplinary workforce” to identify, prioritize, and mitigate risks.

Significant federal workforce reductions and numerous government-wide programmatic changes headlined the 2025 news cycle. Under that backdrop, the U.S. Department of Health and Human Services, Office of Inspector General fulfilled its annual statutory obligation by releasing its 2025 Top Management and Performance Challenges Report.

In his final days as Governor, Phil Murphy signed the “magic mushroom” bill into law. The law establishes a pilot program for three, to be selected, hospitals in the state to participate regarding administration of psilocybin to qualified patients.