Brach Eichler Talks | Law & Legal Insights from Lawyers

In this episode, we break down the recent move by the Centers for Medicare & Medicaid Services (CMS) to implement a temporary, nationwide moratorium on new Medicare enrollments for certain durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) suppliers.

Tune in as we discuss the details of the six-month freeze that went into effect on February 27, 2026. We cover why existing enrolled DMEPOS suppliers remain unaffected, how CMS is leveraging this pause to combat fraudulent billing through its Comprehensive Regulations to Uncover Suspicious Healthcare (CRUSH) initiative, and what this means for state-level Medicaid and CHIP programs moving forward.

📲 Read the entire May 2026 Healthcare Law Update now: https://www.bracheichler.com/healthcare-law-update-may-2026/

For more information or to discuss how these regulatory changes may impact your business, reach out to Healthcare Law team members:

Joseph M. Gorrell | 973.403.3112 | [email protected]

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

In this episode, we dive into a major legislative update impacting New Jersey’s healthcare landscape: Governor Mikie Sherrill's signing of P.L.2026, c.6. This new law permanently grants independent practice authority to certain Advanced Practice Nurses (APNs) in primary and behavioral health care, eliminating the need for joint protocols with collaborating physicians.

Join the Brach Eichler Healthcare Law team as we break down the specifics of the legislation and what it means for practitioners across the state.

Topics covered in this episode include:

The 5,000-Hour Rule: Understanding the active practice requirement for APNs to prescribe medications (including medical cannabis) independently.

Permitted Practice Areas: A look at the authorized population focuses—such as family, pediatrics, and behavioral health—and which services (like general obstetrics and cosmetic procedures) are excluded.

The Grace Period: Crucial timeline details for APNs who currently have fewer than 5,000 hours and how to maintain compliance while reaching the threshold.

Whether you are an APN, a collaborating physician, or a healthcare facility administrator, this episode provides the essential regulatory insights you need to navigate these new prescribing rules.

Resources Mentioned:

Read the full May 2026 Healthcare Law Update here: https://www.bracheichler.com/healthcare-law-update-may-2026/

Contact Our Healthcare Law Team:

John D. Fanburg: [email protected] | 973.364.5201

Edward Hilzenrath: [email protected] | 973.403.3114

Vanessa Coleman: [email protected] | 973.364.5208

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

In this episode of Brach Eichler Talks, we break down the recent New Jersey Department of Health (NJDOH) memo detailing documentation production obligations for licensed healthcare facilities.

Are your facility's internal reports protected under the PSQIA, or are they subject to state disclosure? We clarify the critical differences between privileged patient safety work product and mandatory regulatory reporting, including adverse event and infection control reports. We also explore how HIPAA intersects with the Department's oversight authority so administrators can ensure full compliance during facility inspections.

In this episode, we cover:

The scope of the NJDOH’s March 19 memo on document production and regulatory oversight.

Why the Federal Patient Safety and Quality Improvement Act of 2005 (PSQIA) does not preempt state or federal reporting obligations.

How to distinguish between privileged patient safety work product and required compliance documentation.

HIPAA exceptions that permit the disclosure of protected health information (PHI) to the Department without patient authorization.

📲 Read the full May 2026 Healthcare Law Update: https://www.bracheichler.com/healthcare-law-update-may-2026/

Contact the Brach Eichler Healthcare Law Team:

Caroline Patterson: [email protected] | 973.364.5233

Edward J. Yun: [email protected] | 973.364.5229

Vanessa Coleman: [email protected] | 973.364.5208

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Think your non-compete agreements are safe because the federal ban didn't pass? Think again.

In this episode, we break down a major shift in how the Federal Trade Commission (FTC) is handling non-competes. While the "one-size-fits-all" ban may have stalled, the FTC has moved to a high-scrutiny, case-by-case approach. We take a close look at the recent proposed order against Rollins, Inc., and why "indiscriminate" policies, requiring every worker to sign a non-compete regardless of their role, are now catching the eyes of antitrust regulators.

If you’re an employer, it’s time to move past the "routine" signature and start looking at your independent justifications for protecting confidential information. We discuss what’s still defensible (like corporate transactions and high-level access) and what might be inviting an investigation.

For more information on the FTC’s recent actions or for legal guidance on structuring a defensible non-compete program, reach out to Jay Sabin.

Jay Sabin, Esq.

Member, Labor and Employment Practice at Brach Eichler LLC

Phone: 917.596.8987

Email: The FTC is Challenging Non-Competes: It May Be Time To Review Your Practices

Disclaimer: This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

In this episode of Brach Eichler Talks, we discuss key healthcare reforms enacted as part of the 2026 Consolidated Appropriations Act, including the two-year extension of Medicare telehealth flexibilities through December 31, 2027, and new federal oversight requirements for pharmacy benefit managers.

The episode highlights what healthcare providers and organizations should know about continued telehealth access for Medicare beneficiaries, PBM rebate pass-through requirements, prescription drug pricing transparency, audit provisions, and disclosure obligations related to affiliated pharmacies.

Listen for a clear overview of these important federal healthcare policy updates and what they may mean for the healthcare industry.

📲 Read the full alert now: https://www.bracheichler.com/insights/key-healthcare-reforms-enacted-as-part-of-2026-federal-spending-law/

For more information, contact:

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Stay ahead of New Jersey’s latest healthcare compliance changes in this episode of Brach Eichler Talks. We break down the new observer training and qualification requirements taking effect April 18, 2026, under the New Jersey Board of Medical Examiners’ amended observer regulation.

This episode explains what healthcare providers, practices, and licensees need to know about CP-2 training requirements, written affirmations, observer responsibilities, notice and posting obligations, recordkeeping, and practical compliance steps for applicable practice locations. If your practice uses observers during sensitive examinations, this is an important update to understand now.

Listen in for a clear overview of the new requirements and what your organization should do to prepare.

For more information, contact:

John D. Fanburg, Esq., Managing Member and Chair, Healthcare Law, [email protected], 973.403.3107

Edward Hilzenrath, Esq., Member, Healthcare Law, [email protected], 973.403.3114

Erika R. Marshall, Esq., Counsel, Healthcare Law, [email protected], 973.364.5236

In this episode, Brach Eichler attorneys discuss an important IRS reminder for Subchapter S corporations and what business owners, especially those in the healthcare field, should know about salary and payroll tax requirements. The conversation covers the IRS CP261 Notice, the requirement to pay shareholder-employees “reasonable compensation,” and the risks of underpaying salary in favor of distributions. The episode also highlights why proper payroll practices and careful tracking of stock and debt basis matter for S Corp owners.

Whether forming a new business entity or currently operating as an S Corporation, this episode offers helpful insight into an area that can create costly tax issues if handled incorrectly.

If you are contemplating the formation of a new business entity or are currently an employee/owner of a Subchapter S Corporation, do not hesitate to contact David Ritter, Stuart Gladstone, Bob Kosicki or Cheryl Ritter for guidance in dealing with the nuances of the operation. The need to pay a “reasonable salary” to the owner-employee is but one.

For more information or assistance, please contact: 

David J. Ritter, Esq., Member and Chair, Tax Practice, at [email protected] or 973-403-3117

Stuart M. Gladstone, Esq., Member, Tax Practice, at [email protected] or 973-403-3109

Robert A. Kosicki, Esq., Counsel, Tax Practice, at [email protected] or 973-403-3122

Cheryl L. Ritter, Esq., Counsel, Tax Practice, at [email protected] or 973-364-8307

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

In this episode of the Brach Eichler Talks Podcast, Brach Eichler healthcare attorneys discuss New Jersey’s new law granting independent practice authority to certain advanced practice nurses. The conversation covers who qualifies, the 5,000-hour requirement, prescribing authority, the grace period for eligible APNs, and what the law means for healthcare providers across the state.

📲 Read the full alert now at: https://www.bracheichler.com/insights/health-law-alert-governor-sherrill-signs-law-granting-independent-practice-authority-for-certain-advanced-practice-nurses/

For more information, contact:

In this episode of the Brach Eichler Talks podcast, we discuss a critical compliance deadline for healthcare providers: the February 16, 2026 requirement to update Notices of Privacy Practices to address protections for substance use disorder treatment records under 42 CFR Part 2. We break down what parts of the federal rule remain enforceable, when non-SUD providers may still be subject to Part 2 obligations, and what enforcement activity healthcare organizations should expect from DHHS and OCR. We also cover key practical considerations, including policy updates, staff training, and business associate agreement review.

For additional information or assistance with your privacy and security program, including your business associate relationships and contracts, contact:

Lani M. Dornfeld, Esq., CHPC, Member, Healthcare Law, [email protected], 973.403.3136

New Jersey’s environmental remediation rules have changed. In this episode of the Brach Eichler Talks Podcast, we discuss recent NJDEP amendments to N.J.A.C. 7:26B, 7:26C, 7:26E, and 7:26F, including the creation of the new Indoor Air Notification Area (IANA) and important updates to the Remedial Action Permit (RAP) process. We break down what these changes mean for property owners, developers, environmental professionals, and others navigating compliance in New Jersey.

📲 To read the full alert, visit Brach Eichler’s website: https://www.bracheichler.com/insights/new-jersey-amended-regulations-indoor-air-notification-and-new-rap-media-component/

If you have any questions about this article, please contact:

- Frances B. Stella, Member and Chair, Environmental and Land Use Practice, at [email protected] or 973.403.3149

- Lindsay P. Cambron, Counsel, Environmental and Land Use Practice, at [email protected] or 973.364.5232

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific legal advice.