Health Law Advisor

On September 9, 2026, the Federal Trade Commission (“FTC”) rescinded its 2021 policy statement which extended the Health Breach Notification Rule (“HBNR”) to health apps and connected devices outside the reach of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively “HIPAA”).

In its recent press release, the FTC called that prior guidance “obsolete” and “unnecessary,” concluding it provided minimal benefit and had been superseded by rulemaking. This is not a minor course correction at a moment when the Centers for Medicare and Medicaid Services (“CMS”) is actively steering seniors toward health apps that require collection and processing of identifiable consumer health information outside the reach of HIPAA.

On August 7, 2026, Epstein Becker Green attorneys Thomas J. Jaworski and Caitlin Carlton joined podiatrists from across the country at the American Podiatric Medical Association’s (APMA) 2026 Annual Scientific Meeting for a discussion on a subject that has become increasingly difficult for providers to ignore: federal health care fraud enforcement.

On June 15, 2026, Vermont Governor Phil Scott signed H. 583—imposing significant restrictions on private equity groups, hedge funds, and entities they control, including management services organizations (MSOs). The legislation prohibits interference with the clinical judgment of health care providers and establishes reporting requirements to an independent state agency regarding ownership and control.

On May 28, 2026, both houses of the Illinois legislature passed HB 5000, enhancing oversight of health care mergers, acquisitions, and contracting affiliations in the state.

On February 22, 2024, legislation was introduced in Minnesota’s House of Representatives that would prohibit private equity companies or real estate investment trusts (REITs) from acquiring or increasing any direct or indirect ownership interest those entities have in a health care provider after August 1, 2024.

H.F. No. 4206, authored by state Rep. Jessica Hanson and referred to the Commerce, Finance, and Policy Committee, would also prohibit private equity or REITs from acquiring or increasing any operational or financial control those entities have over a provider, after ...

What is the 8 and 80 overtime system?

The Fair Labor Standards Act (“FLSA”) generally requires covered employers to pay non-exempt employees overtime for all hours worked over 40 hours in a work week. However, the FLSA provides an exception for certain employers in the health care industry, who are instead permitted to adopt a fixed work period of 14 consecutive days and pay overtime for all hours worked: (a) over 8 hours in a single day, or (b) over 80 hours in a 14-day work period.

Under the 8 and 80 overtime system, for example, an employee who works a 12-hour shift would be entitled ...