Healthcare Real Estate Trends

In healthcare the one constant is change.  Recently we’ve seen changes in healthcare (and by extension, healthcare real estate) because of The Great Recession, lower reimbursements, healthcare reform, mergers and repurposing (to name a few).  Below are six trends for this year that Duke Realty predicted at the outset of this year.  Now that we have four months of 2013 under our belts, it’s a good time to look back and see how these have played out, and, just as importantly, look forward… and be ready for more change…

1.              Higher-acuity care will increasingly move to medical office buildings.

2.              Freestanding emergency departments will be used in new ways.

3.              Partnering will increase.

4.              The case for hospital-driven monetizations will keep getting stronger.

5.              Repurposing will expand.

6.              Compliance will become even more vital.

I encourage you to read more at:

“Six Healthcare Real Estate Trends to Watch in 2013”

http://www.dukerealty.com/media-releases/2013/01/six-healthcare-real-estate-trends-to-watch-in-2013/

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Better Late than Never - The Sunshine Act Final Regulations are Finally Here!

Another Womble Carlyle Client Alert....

Late afternoon on Friday February 1, 2013, the Centers for Medicare and Medicaid Services ("CMS") published the final rule regarding Transparency Reports and Reporting of Physician Ownership or Investment Interests ("Final Rule"). The Final Rule will be published in the Federal Register on February 8, 2013, effective 60 days later (April 9, 2013). The Final Rule has been long-delayed, since CMS published the proposed rule on December 19, 2011 (76 FR 78742) ("Proposed Rule"). This alert is intended to highlight a few of the Final Rule's key provisions.

Applicable manufacturers must begin collection of required data on August 1, 2013, and make their first report of data to CMS by March 31, 2014. CMS will then release the data on a public website by September 30, 2014.

Applicable Manufacturers Must Report All Payments or Transfers of Value to Covered Recipients. In the Final Rule, CMS finalizes its proposal to require reporting of all payments or transfers of value to covered recipients, rather than only payments related to covered drugs, devices, biologicals, and medical supplies.

Click each subheading below for a detailed summary of some of the key provisions of the Final Rule:

"Applicable Manufacturers"

"Covered Recipients"

"Payments or Other Transfers of Value"

Reports on Physician Ownership and Investment Interests

Report Submission and Review

Other ProvisionsThe Final Rule includes significant discussion regarding each of the form and nature of payment categories, as well as each exclusion type. In addition, the Final Rule includes detailed information regarding research, delayed publication under certain circumstances, report content, report review and correction, the public website, and penalties for failure to report.

If you have questions regarding this Final Rule, please contact Sarah Crotts, the author of this alert. You may also contact the Womble Carlyle attorney with whom you usually work, or any of our Healthcare Industry Team attorneys.

For a printer friendly link to this alert, please click here.

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A Womble Client Alert: A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry

On Friday, January 25, 2013, the Office for Civil Rights ("OCR") of the U.S. Department of Health and Human Services ("HHS") published a final rule modifying the HIPAA Privacy, Security, and Enforcement Rules (the "Final Rule") as mandated by the Health Information Technology for Economic and Clinical Health ("HITECH") Act. Many of these modifications were set forth in a Notice of Proposed Rulemaking ("NPRM") dated July 14, 2010, although the Final Rule does not adopt all the proposals as described in the NPRM.

The Final Rule also modifies the Breach Notification Rule, which has been effective as an interim final rule since September 23, 2009. Finally, the Final Rule strengthens privacy protections for certain genetic information under the Genetic Information Nondiscrimination Act ("GINA").

The Final Rule makes significant changes to HIPAA and the potential penalties for violating HIPAA. The Final Rule also expands the scope of HIPAA, meaning that some businesses that were not subject to HIPAA before the Final Rule now have HIPAA compliance obligations and can be subject to enforcement action for noncompliance. Healthcare providers and others in the healthcare industry should be aware of these changes and how they will apply to their particular business.

The Final Rule is effective on March 26, 2013, and Covered Entities and Business Associates must comply with the Final Rule by September 23, 2013.

Click each subheading below for a detailed summary of some of the key provisions of the Final Rule:

• HIPAA Privacy Rule
• HIPAA Security Rule
• HIPAA Enforcement Rule
• HIPAA Breach Notification Rule
• GINA

If you have any questions about the Final Rule or HIPAA please contact Jill M. Girardeau, the principal drafter of this alert, Sarah B. Crotts, Deonys de Cárdenas, Tracy Field, or any member of Womble Carlyle's Healthcare Industry Team.

For a printer friendly link to this alert, please click here.

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