Arnall Golden Gregory

Key Takeaways CMS’ home health and hospice enrollment moratorium points to a broader anti-fraud enforcement strategy. Providers should prepare for continued enrollment scrutiny even if the moratorium expires. CMS is expanding beyond traditional program-integrity tools by using financial intelligence, affiliations, and enhanced oversight to identify potential fraud risks.

Key Takeaways DOJ has narrowed how sub-regulatory guidance may support False Claims Act enforcement. Nonbinding guidance cannot independently establish a legal violation, but DOJ may still use it as evidence of scienter, notice, industry standards, compliance, or relevant factual context. DOJ attorneys must assess whether dismissal serves the government’s interests in every declined qui tam.

Footnotes for this article are available at the end of this page. Key Takeaways Georgia’s Property Owners’ Bill of Rights Act creates mandatory HOA oversight beginning January 1, 2027. Developers controlling HOAs should prepare for annual Secretary of State registration, financial reporting, recordkeeping, and owner-access requirements. The Act changes HOA collections and foreclosure procedures, creating financial and enforcement risk for developers.

AGG International Trade co-chair Clinton Yu authored an article published by Verlag C.H.Beck GmbH & Co. KG examining the Committee on Foreign Investment in the United States (“CFIUS”) process and key considerations for European investors in U.S. transactions.

AGG Healthcare attorney Bill Dombi joined the “Last Visit First” podcast for a wide-ranging discussion of the history and future of home health and hospice care. Drawing on 50 years of experience in the field, Bill discusses the landmark Duggan v. Bowen case and the creation of the Medicare hospice benefit, along with fraud enforcement, Medicare Advantage, value-based care, and the role of artificial intelligence in clinical and operational efficiency. To watch the full episode, please click here.

AGG Entertainment & Sports attorney Michelle Davis authored an article for World Trademark Review examining how musical groups can use contracts and trademark planning to reduce disputes over band names. Drawing on the recently dismissed Isley Brothers litigation, Michelle explains that ownership does not automatically follow from founding status, continued performance, or public recognition; it depends on agreements, registration, and documented use.

Key Takeaways Independent artists who retain their music rights also assume responsibility for protecting and monetizing them. Clear collaborator agreements, accurate metadata, copyright registrations, and trademark protection can reduce ownership disputes and lost revenue. AI is creating new copyright, publicity-rights, and artist-identity risks.

Key Takeaways The U.S. Department of Commerce has clarified the specialty pharmaceutical product exemption from Section 232 tariffs, but eligibility is not automatic. Covered products must satisfy the specialty pharmaceutical definition and qualify through an eligible trade and security framework or an urgent U.S. health need. Pharmaceutical companies seeking an urgent U.S. health need exemption should act before the September 29 tariff effective date.

AGG Healthcare attorneys Andrew Tsui, Gabe Scannapieco, and Aditya Krishnaswamy co-authored an article for Law360 analyzing a new Centers for Medicare & Medicaid final rule restricting federal Medicaid funding for pediatric gender-affirming care, alongside the U.S. Department of Justice (“DOJ”) parallel enforcement campaign against hospitals and providers furnishing that care.

Key Takeaways Healthcare companies with federally reimbursable products face an increasingly broad Anti-Kickback Statute (“AKS”). Multiple federal circuits now agree: offering anything of value that could influence a patient’s treatment decision can potentially violate the AKS, even if the program addresses legitimate barriers to care.