News & Legal Updates Archive

McDonald Hopkins Healthcare attorneys provide insight for providers on how to reduce audit risk and federal scrutiny through safeguard practices.

On August 28, 2025, the Office of Inspector General of the Department of Health and Human Services posted Billing for Remote Patient Monitoring in Medicare, which confirmed the continued expansion of remote physiological monitoring and highlighted potentially suspect RPM billing practices that the OIG views as warranting scrutiny.

As parents and students scramble to purchase supplies, books and other items for the upcoming school season, scammers will use fake retail websites offering school supplies and fraudulent “expedited” FAFSA or scholarship services.

The SBA announced two virtual public forums to discuss its recently issued proposed rule regarding size standard updates for over 200 small business size standards.

Funders, trustees, and other stakeholders should take proactive steps to ensure that future agreements are enforceable and aligned with the interests of the estate and its creditors in light of the recent bankruptcy court decision in the Northern District of Texas, which voided a $2.3 million litigation funding agreement between liquidating trustee and litigation funder. 

As a firm, McDonald Hopkins has a long history of supporting initiatives and community organizations dedicated to education. As individuals, our attorneys demonstrate that support by serving on boards, volunteering, and even getting right into the classroom themselves. With August marking the start of a new school year, we’re spotlighting some of the many McDonald Hopkins attorneys who have spent time in the classroom as adjunct professors or faculty.

A new privacy rule in California, if enacted, may create new compliance obligations and risks for businesses subject to the CCPA that use artificial intelligence. 

Amid concerns raised by tech companies and business leaders, the Colorado legislature convened a special legislative session to revisit certain aspects of the Colorado AI Act, a comprehensive law on the development and deployment of artificial intelligence systems.

On March 7, 2025, the Office of the Under Secretary of Defense issued Class Deviation 2025-O0004, “Revocation of Executive Order on Sustainability.” This deviation implements EO 14148, which rescinded EO 14057 and its associated procurement mandates. The deviation brings significant changes to sustainability requirements in federal contracting.

McDonald Hopkins’ healthcare attorneys Liz Sullivan, Emily Johnson, and Jane Pine Wood have been following the case of Mark Schena since Schena’s 2021 conviction. In this episode of the Legal Diagonsis podcast, they examine the most recent court decision in the case (affirming Schena’s criminal conviction) and its implications for applying the anti-kickback statute and interpreting the law in sales representative arrangements.

McDonald Hopkins' is proud to announce Patrick Berry as one of Crain’s Cleveland Business 2025 Notable M&A Dealmakers.

Christopher Taylor has joined McDonald Hopkins LLC as an Associate in the national Data Privacy and Cybersecurity Practice Group.

On August 20, 2025, the Ohio Supreme Court issued its long-anticipated opinion in Huntington National Bank v. Schneider, 2025-Ohio-2920.

On June 20, 2025, Texas Governor Greg Abbott signed into law S.B. 1188, regulating how electronic health records are managed, stored, and accessed. Effective dates for different requirements begin as early as September 2025 and January 2026, giving covered entities and their vendors a relatively short window to come into compliance. Businesses and institutions ranging from hospitals and clinics to insurers and school districts will need to assess their EHR practices and vendor relationships to avoid ongoing legal and operational risks.

U.S. District Judge John Preston Bailey issued ruling in the ongoing legal battles over NCAA eligibility. Granting a preliminary injunction, Judge Bailey allowed four West Virginia University football players to compete this season despite the NCAA’s claim that they had exhausted their eligibility under the Five-Year Rule due to time spent at junior colleges.

The One Big Beautiful Bill Act, as fully implemented, will bring financial challenges for healthcare providers, particularly hospitals. McDonald Hopkins’ national healthcare team has prepared a summary of the key reductions and program changes, along with insights on how providers can prepare.

Fifty-nine McDonald Hopkins attorneys recognized in the 2026 editions of The Best Lawyers in America and Best Lawyers: Ones to Watch in America.

The Centers for Medicare & Medicaid Services (CMS) is accepting comments regarding the Medicare Physician Fee Schedule (MPFS) 2026 proposed rule until September 12, 2025. 

The U.S. Department of Health and Human Services’ Office for Civil Rights continues to focus on the importance of conducting thorough risk analyses to identify and mitigate security vulnerabilities related to electronic protected health information, highlighting recent enforcement actions and providing recommendations for organizations to enhance their cybersecurity and compliance efforts.

Eight attorneys at McDonald Hopkins have been selected to the 2025 Michigan Super Lawyers list, and five McDonald Hopkins attorneys have been selected to the 2025 Michigan Rising Stars list.

When President Donald Trump signed what is commonly referred to as the One Big Beautiful Bill Act (the Tax Act) into law on July 4, 2025, it ushered in a number of tax changes. McDonald Hopkins’ tax attorneys are analyzing the language of the legislation and are preparing detailed guidance on how these changes may affect our clients and what actions may be required.

McDonald Hopkins is proud to announce the addition of attorney Lisa Lauer as a Member in the firm’s Business Department and a part of the highly acclaimed Executive Compensation and Corporate Governance Practice Group.

McDonald Hopkins is proud to announce the addition of attorney Emily Honet as an Associate in the Litigation Department and a part of the firm’s Business Litigation Practice Group.

Episode 4 of Legal Diagnosis dives into what kind of impact the One Big Beautiful Bill Act will have on the healthcare industry, specifically, how Medicaid limitations, reductions and cuts will have practical implications on healthcare providers and those seeking care.

Legal professionals are discovering that artificial intelligence is more than just a tech buzzword—it’s becoming a practical tool for saving time, improving accuracy, and delivering better results for clients.

McDonald Hopkins is proud to announce that Crain's Detroit has recognized attorneys Vanessa Bailey and Kevin Washburn as 2025 Notable M&A Dealmakers.

A round-up of the 9-part series "the Wild West of name, image, and likeness," which offers insight on navigating NIL laws within college athletics.

On July 29, 2025, the SBA announced a full audit of the 8(a) Program and reminded contracting officers of their duty to report fraud, signaling increased oversight and enforcement following a DOJ investigation.

This article provides a comprehensive overview of the primary contracting models for anesthesia services, including fee-for-service, fixed stipends, collections guarantee, cost-plus, and hybrid arrangements. In addition, the article addresses the legal and regulatory requirements that underpin all anesthesia contracts, including federal and state fraud and abuse laws and fair market value considerations.

McDonald Hopkins is pleased to announce that Reine Hamdar has joined the firm as an Associate in the Litigation Department and a part of the Business Litigation Practice Group.

If adopted by NASAA, the Model Act will serve as a template for states to impose a comprehensive registration and regulatory regime on franchise brokers and their individual representatives.

Enforcing AI governance transforms policies into actionable practices that protect individuals, support ethical innovation, and ensure confidence in AI technologies.

The Park Avenue tragedy illustrates that workplace violence can strike any industry at any time, regardless of planning. While state and federal laws provide a framework, they are often reactive, not predictive. Employers who go beyond legal minimums, by assessing threats, engaging stakeholders, and training employees, can reduce risk and demonstrate a commitment to workplace safety.

McDonald Hopkins is pleased to welcome Annslee Perego to the firm’s national Data Privacy and Cybersecurity Practice Group. She brings a dynamic background in incident response and focuses her practice on guiding her clients through every stage of a cyber event.

The Memorandum reflects the DOJ commitment to enforcing federal civil rights laws through ”vigorous enforcement of the False Claims Act."  This initiative specifically targets recipients of federal funds, including universities, contractors, and other entities that knowingly violate civil rights laws while certifying compliance to the government.  

The bill aims to address ongoing uncertainty surrounding the development and use of AI, recent legal challenges attempting to apply existing laws to emerging technologies, and growing concerns from rights holders.

If approved, the proposed consent order would allow the DOT DBE program to continue, but only for DBEs that have not qualified through race- or sex-based presumptions, and would provide a framework for states and airport authorities to implement DBE goals in a manner consistent with constitutional requirements.

Policies and procedures related to the Breach Notification Rule are in place to ensure that notification to regulators, individuals, and the media if applicable, are provided in a transparent manner. The only thing worse than not following policies and procedures is not having them. 

By taking proactive steps, nonprofits can explore social franchising while protecting their 501(c)(3) status. Thoughtful planning and legal coordination help ensure that the expansion model remains aligned with the organization’s charitable mission, achieving both greater reach and continued compliance with tax-exempt requirements.

The Centers for Medicare & Medicaid Services (CMS) is proposing to loosen the time requirements for billing remote physiologic monitoring (RPM) and remote therapeutic monitoring (RTM)

The challenges facing higher education are not going away.  In fact, they are likely to worsen. Institutions that avoid acknowledging and addressing the challenges reduce their chances of surviving them and maintaining their existence.  Institutions that acknowledge and address the challenges; that plan long-term; that make difficult decisions; and that are open to a variety of solutions increase their chances of success.

State legislatures continue to tighten data breach notification requirements and enforce compliance with privacy and security rules. Below are recent notable developments from Oklahoma, California and New York.

In this article, we explore the process known as novation and key considerations for contractors interested in acquiring contracts through novation.

A federal judge dismissed key claims by authors alleging Meta’s use of their books to train its Llama AI model was copyright infringement, citing insufficient evidence of market harm. The court emphasized that while AI training may be transformative, fair use could fail if plaintiffs show strong evidence of market substitution or dilution. The case continues on separate claims related to Meta’s use of pirated “shadow library” content.

The talk about closing the Department of Education may end the enforcement of the Family Educational Rights and Privacy Act (FERPA or Act), which has been the leading federal law protecting student information.  This means that while Congress and the States look to fill the gap left by FERPA, schools will be left with uncertainty as to their obligations to protect student data.

The Centers for Medicare & Medicaid Services (CMS) recently announced the Wasteful and Inappropriate Services Reduction (WISeR) Model, which will provide potential opportunities for companies that have the technology and expertise for prior authorization and pre-payment review starting in 2026.

Peter Bernhardt, the Office Managing Member of McDonald Hopkins’ West Palm Beach office, was named as one of Florida Trend's Elite Managing Partners for a second year in a row.

While the OIG advisory opinion offers valuable federal guidance, it is only one piece of the compliance puzzle. State CPOM laws may impose additional, and sometimes conflicting, requirements that must be carefully navigated to avoid regulatory risk.

Episode 3 of McDonald Hopkins' monthly healthcare podcast series with hosts Liz Sullivan, Emily Johnson, and Jane Pine Wood, introduces attorney Rachel Carey and dives into her unique practice and experience.

In practical terms, the court’s decision leaves open significant questions related to the use, training, and retention of copyright right protected works.  However, the training of LLMs with works that were purchased and scanned likely qualifies as fair use.