radar Health Law Scan

Legal Insights and Perspectives for the Healthcare Industry
The Centers for Medicare and Medicaid Services (CMS) on July 7, 2026, issued a proposed rule (CMS-1850-P) for calendar year (CY) 2027 that would overhaul payment policies for hospital outpatient departments and ambulatory surgical centers under the Medicare program. The deadline to submit comments is August 31, 2026.
The Centers for Medicare & Medicaid Services (CMS) issued a proposed rule that would significantly limit Medicaid managed care State Directed Payments (SDPs) and certain fee-for-service payments. These changes seek to implement, and go well beyond, the relevant directives under the Working Families Tax Cut legislation (also known as the One Big Beautiful Bill Act).
In the first win for defendants facing Illinois Biometric Information Privacy Act (BIPA) litigation before the Illinois Supreme Court, the Court in Mosby v. Ingalls Memorial Hospital held that BIPA excludes from its protections the biometric information of healthcare workers where that information is collected, used, or stored for healthcare treatment, payment, or operations.
The US Federal Trade Commission (FTC) recently voted to withdraw its approval of the Vertical Merger Guidelines (the 2020 VMGs), which, as we covered in the past, the FTC and Department of Justice (DOJ) issued over a year ago on June 30, 2020. The vote on September 15, 2021 to rescind the policy statement broke along party lines, with the three Democratic commissioners—Chair Lina Kahn and Commissioners Rohit Chopra and Rebecca Slaughter—outweighing their two Republican colleagues—Commissioners Noah Joshua Phillips and Christine S. Wilson.