Author: Neal N. Peterson

Neal regularly advises clients regarding compliance with laws specific to the health industry, such as state licensure requirements and corporate practice of medicine statutes and regulations. Neal's experience includes representing clients who are both payers and providers of health care, such as health insurers, HMOs, management services organizations, integrated delivery systems, accountable care organizations, hospitals, multi-specialty physician groups, pharmacies, nursing homes and assisted living facilities.

Corporate Transparency Act and the Friendly Physician Model

On January 1, 2024, final regulations issued by the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) went into effect in order to implement the requirements of the Corporate Transparency Act (“CTA”). For background on the CTA and an outline of the final regulations generally, please see this separate Dorsey publication written by...

Minnesota Attorney General Notification of Health Care Transactions

On May 26, 2023, the Governor of Minnesota signed into law Minnesota bill HF 402 to increase government oversight of health care transactions that occur in Minnesota or involve Minnesota-based health care entities. Minnesota joins a growing number of states considering or enacting similar measures, including New York, Connecticut, Delaware, Massachusetts, Nevada, New Jersey, Oregon,...

Minnesota’s New Assisted Living License Renewal Process Clarified

As readers of this blog know from prior posts linked here and here, Minnesota instituted new licensure categories for assisted living facilities last year. Those initial one-year licenses were granted by the Minnesota Department of Health (“MDH”) on August 1, 2021. On May 1, 2022, the process to renew those initial licenses began. Here are...

New Minnesota Assisted Living Licensure Requirements Have Gone Into Effect and the First Survey Results Are Out

On August 1, 2021, an overhaul of the licensing requirements for Minnesota assisted living facilities (codified at Minn. Stat. 144G.08-9999) went into effect. Under the new law, which was also discussed in a previous Dorsey Health Law Blog post, Minnesota assisted living facilities are now required to obtain either an assisted living facility license or,...

OIG Advisory Opinion No. 21-02 Provides Helpful Insights into Risk Mitigation Factors Regarding Health System-, Physician-, and Management Company-Owned Ambulatory Surgery Centers

On April 26, 2021, the Department of Health and Human Services Office of Inspector General (“OIG”) issued favorable Advisory Opinion No. 21-02 regarding a proposed investment in an ambulatory surgery center (“ASC”) by a health system, orthopedic surgeon and neurosurgeon employees of the health system, and a management company. This latest Advisory Opinion is notable...

Finalized Rule to Remove Disincentives to Living Organ Donation

On September 22, 2020, the Department of Health and Human Services (“DHHS”) finalized a new rule to expand the scope of qualified reimbursable expenses incurred by living organ donors to include lost wages, child-care expenses, and elder-care expenses. The new rule goes into effect on October 22, 2020, and is a win for living organ...

CMS Provides Additional COVID-19 EMTALA Guidance for Hospitals

On March 9, 2020, the Centers for Medicare and Medicaid Services (“CMS”) issued a memorandum describing hospitals’ continuing obligations with respect to the Emergency Medical Treatment and Labor Act (“EMTALA”) during the COVID-19 public health emergency (“PHE”). Check out our previous blog post on this topic here. Last week, in response to a growing number...

CARES Act Summary of Provisions that Support America’s Health Care System

On March 27, 2020, the President signed into law the “Coronavirus Aid, Relief, and Economic Security Act’’ (“CARES Act”). The CARES Act is the third phase of the federal government’s response to the coronavirus following two other laws to support American families and address health sector needs that were approved on March 6, 2020 (Phase...

COVID-19 and EMTALA: Ongoing Requirements and New Waivers

On March 9, 2020, the Centers for Medicare and Medicaid Services (“CMS”) Quality, Safety and Oversight Group (“QSO”) issued a memorandum, QSO-20-15, providing guidance to health care providers related to the Emergency Medical Treatment and Labor Act (“EMTALA”) implications regarding the COVID-19 pandemic. EMTALA is a Federal law that requires all Medicare-participating hospitals (including critical...