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Business principals of every realm in Ohio and elsewhere across the United States deal with a vast array of challenges as they operate their enterprises, ranging from formation choices and myriad employee-related concerns to competitors' inroads, contractual disputes and involvement in litigation.

And then there is regulatory compliance, which, although spelling a constant and imminent concern for all enterprises, challenges some businesses more than others.

Take health care, for example. That realm is unquestionably singular for the hoops and hurdles its central participants routinely confront and must clear in order to operate lawfully.

And that is understandable, of course, given the stark importance of safe care practices and delivery for patients across the country.

That focus is squarely on display concerning physician-owned hospitals, as noted in a recent media report stressing the Trump administration's call for comments concerning present restrictions across the country on such facilities.

A key spokesperson for one major MD organization says that current laws unfairly shut doctors off from hospital ownership, which in turn prevents many patients "from accessing the highest quality of care in their community."

Competing voices from groups representing nonprofit and investor-owned facilities dispute that view, arguing that patients pay more money in MD-owned hospitals, often because they are directed to such facilities to receive treatment that is comparatively specialized and expensive. And, they argue, the claim that those patients receive comparatively better care is far from being established.

The Trump administration wants some feedback on that debate and other regulatory-related concerns, with the U.S. Centers for Medicare & Medicaid Services recently issuing a proposed rule that solicits information and could ultimately yield changes in existing law.

Will restrictions on doctors seeking facility ownership remain tightly in place, or will regulators relax existing exactions and allow for greater MD participation?

No one can presently say, of course, although relevant questions needing to be answered to come to a reasoned conclusion are now being asked.

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Gottschlich & Portune, LLP
201 East Sixth Street
Dayton, OH 45402

Phone: 937-802-2397
Phone: 937-802-2397
Fax: 937-824-2818
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