The US is approaching 7,000 cases, the largest number of any country around the world. Of concern to the Administration is the nearly 80 percent increase in cases over the last 7 days. Of equal concern is the lack of
News from DC
Congress Amends Federal Arbitration Act for Claims of Sexual Assault
On February 10, 2022, senators observed that “[i]t has become increasingly clear that forced arbitration clauses have enabled sexual abusers to escape scrutiny while their victims are compelled to stay silent.” This is because “[f]orced arbitration clauses not only deny…
FTC announces 2022 HSR thresholds
On January 24, 2022, the Federal Trade Commission (FTC) announced increased reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. Most importantly, the minimum “size-of-transaction” threshold will be increased from US $92 million to US $101 million; acquisitions below…
COVID-19 Update: US Supreme Court decisions stay OSHA ETS, uphold CMS vaccine mandate
In a 6-3 decision handed down on Thursday, January 13, 2022, the US Supreme Court ordered a stay on the federal OSHA COVID “vaccine-or-test” Emergency Temporary Standard (ETS). The stay is predicated on the Court’s finding that the petitioners’ challenges…
US OSHA issues COVID vaccine and testing Emergency Temporary Standard

On Friday, November 5, 2021, the federal Occupational Safety and Health Administration (“OSHA”) published an Emergency Temporary Standard (“ETS”) “to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID-19 by strongly encouraging vaccination.”…
CMS issues Calendar Year 2022 OPPS/ASC Payment System final rule

On November 2, 2021, the Centers for Medicare & Medicaid Services (“CMS”)released its Calendar Year (“CY”) 2022 Medicare Hospital Outpatient Prospective Payment System (“OPPS”) and Ambulatory Surgical Center (“ASC”) Payment System final rule. This final rule is scheduled to…
COVID-19 update: White House recommends COVID-19 booster shot for most Americans
On August 18, 2021, the Biden Administration announced with top US health officials a recommendation that Americans receive a COVID-19 booster shot eight months after their second dose was administered. The Administration is not recommending a booster for the one-dose…
ACA Survives “[T]hird Installment in [U.S. Supreme Court’s] epic Affordable Care Act [T]rilogy”
On Thursday, June 17, 2021, in a 7-2 opinion, the U.S. Supreme Court upheld the Affordable Care Act (“ACA”) in the case California v. Texas. The Court held that Texas, the other plaintiff states, and the two individual…
COVID-19 Update – HHS OCR Releases Legal Guidance for Expanding Vaccine Access to People with Disabilities and Older Adults
On April 13, 2021, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) published a press release with resources, including from the Administration for Community Living (“ACL”) and the Office of the Assistant Secretary for Planning…
Xavier Becerra Confirmed as HHS Secretary – Implications for Health System “all-or-nothing” clauses
Xavier Becerra was confirmed as U.S. Secretary for Health and Human Services (“HHS”) on March 18, 2021. While the parameters of the Biden administration’s antitrust policy priorities and objectives are not yet clear, a groundbreaking lawsuit brought by Xavier Becerra…