BY Rossanna J. Madrigal, JD, MPH and Michael Alexander, Esq., Brown & Fortunato   There have been several recent events impacting healthcare state-wide. Here, we explore two of those events and their potential impact on providers, hospitals, and patients going into the last quarter of 2026 and beyond.   Texas’ Announced Delay in Maternal Mortality Data   At the beginning of September, the Texas Department of State Health Services (“DSHS”) announced that it would delay...

BY Phuong D. Nguyen, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   In 2024, the Department of Health and Human Services (“HHS”) published a final rule updating protections for the confidentiality of substance use disorder (“SUD”) patient records. The final rule updated regulations pertaining to the confidentiality of SUD patient records found at 42 CFR Part 2, commonly referred to as “Part 2.” The intent of the final rule was to align...

BY Kianna L. Sitarski, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C. Providers and patients alike are well versed in the concept of informed choice when it comes to evaluating a patient’s treatment options. Among other considerations, CMS has recognized the unfortunate reality that, in many cases, the financial impact of the treatment carries significant weight when it comes to the patient making an informed choice. In an effort to make this financial...

BY Jordan T. Vogel, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C. In a recent development, a federal district court granted a request to preliminarily set aside and stay implementation of the Department of Education’s new definition of “professional degree.” As you may recall, the Department of Education recently defined the term “professional degree” to exclude certain health care fields, including nurse practitioners, clinical nurse specialists, certified nurse midwives, certified registered nurse anesthetists,...

By Rossanna J. Madrigal, JD, MPH and Michael R. Alexander, Esq. Brown & Fortunato, P.C. The 89th Texas Legislature passed two laws in its last session addressing the use of artificial intelligence (“AI”) in the health care space. Senate Bill 1188 took effect in September 2025 and House Bill 149 became effective at the first of this year. In this article, we summarize the main points of each of these laws and address some potential...

BY Blinn E. Combs, Esq. and Michael Alexander, Esq., Brown & Fortunato, P.C. A trial in Eugene, Oregon, is shining a national spotlight on the state’s new first-in-nation restrictive corporate practice of medicine law. In Stapleton v. PeaceHealth, Eugene Emergency Physicians (“EEP”) sued PeaceHealth, ApolloMD, and Lane Emergency Physicians, alleging violations of Oregon’s new restrictive 2025 statute (SB 951) prohibiting the corporate practice of medicine and placing direct restrictions on the control of management services...

BY Kianna Sitarski, Esq. and Michael Alexander, Esq., Brown & Fortunato, P.C.   In the wake of the COVID-19 pandemic, and with the rise of healthcare costs, healthcare providers and patients alike have been focused on identifying safer and cheaper avenues for the delivery of high-quality healthcare. One model gaining traction since 2020 is Hospital at Home (“HAH”). HAH generally refers to programs by which hospitals admit, and provide eligible patients with, acute in-patient level...

BY Jordan T. Vogel, Esq., and Phuong D. Nguyen, Esq., Brown & Fortunato, P.C. Last year, we wrote about the information blocking provisions of the 21st Century Cures Act (“Cures Act”) and an available three-day exception to the Cures Act’s immediate electronic release requirements applicable to certain test results under Texas Senate Bill 922 (“SB 922”). To build on these concepts, this article addresses the scope of SB 922 and practical guidance for implementing electronic health...

BY Phuong D. Nguyen, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   In response to the recently adopted Doctor Act, the Texas Medical Board adopted new regulations designed to address physician shortages in Texas. The new Act and the new rules are aimed at providing new pathways to licensing foreign trained physicians and medical school graduates who do not match into a resident training program. Before digging into the statute and rules,...

BY Amanda F. Hobbs, Esq. and Michael Alexander, Esq., Brown & Fortunato, P.C.   October 1, 2025, kicked off the longest government shutdown in U.S. history, lasting 43 days total. Come January 30, 2026, we may be in for an even longer standoff should no bipartisan agreement come to fruition. So, what had lawmakers so riled up? And why might it happen again so soon?   To answer this question, we have to look at...