McDermott Will & Schulte, a global law firm

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the Calendar Year (CY) 2025 Medicare Advantage (MA) Capitation Rates and Part C and Part D Payment Policies released by the Centers for Medicare and Medicaid Services (CMS), new final rules related to nursing home staffing, access to Medicaid and the Children’s Health Insurance Program (CHIP), and the Food and Drug Administration’s (FDA) new final rule on laboratory-developed tests (LDTs). We also review the Federal Trade Commission (FTC) ruling to potentially ban the majority of noncompete agreements. Additionally, we discuss one favorable Office of Inspector General (OIG) advisory opinion and several criminal and civil enforcement actions pertaining to healthcare fraud, including alleged violations under the False Claims Act (FCA), federal Anti-Kickback Statute (AKS) and Physician Self-Referral Law (Stark Law).