Global Life Sciences Update
Congressional Democrats Propose First Federal Corporate Practice of Medicine Law; Unlikely to Pass
On September 16, 2026, Democratic Sens. Elizabeth Warren of Massachusetts and Ron Wyden and Jeff Merkley (both of Oregon) introduced the Stop Corporate Takeovers of Physicians Act of 2026,1 with a companion bill (HR 10444) introduced in the House by Oregon Rep. Val Hoyle and other Democratic co-sponsors.2 If enacted, the bill would establish the first federal corporate practice of medicine (CPOM) restriction in the country, imposing a national ownership prohibition on entities that are not owned by licensed providers (defined to include physicians and advanced practice providers such as physician assistants and nurse practitioners), sweeping new restrictions on management services organizations (MSOs), and a multilayered enforcement framework. The bill is modeled after Oregon’s 2025 revised CPOM statute, discussed here, one of the most restrictive CPOM laws in the country.3
Over 30 states have CPOM restrictions in place prohibiting nonlicensed individuals and entities from owning or controlling medical practices, although enforcement varies significantly across jurisdictions. Certain states, such as California and Oregon, have recently enacted legislation strengthening their state CPOM laws,4 and the trend is likely to continue. There has also been increased enforcement of CPOM laws, particularly in California, as discussed here.
Key Provisions
As introduced, the Stop Corporate Takeovers of Physicians Act of 2026 would make it unlawful for any partnership or corporate entity that is not majority-owned and controlled by licensed providers to
- own or control a medical practice;
- employ or enter into a contract for the provision of professional services with licensed providers; or
- practice medicine, unless the entity is majority-owned and controlled by licensed providers.5 Nonprofit and public healthcare providers, hospitals, hospital-affiliated clinics, critical access hospitals, and rural emergency hospitals would be exempt.6
Additionally, the bill prohibits an MSO, its shareholders, directors, officers, employees, or contractors from7
- owning or holding any interest in, or serving in any governance role at, a medical practice;
- acquiring or financing the acquisition of a medical practice’s shares or assets;
- controlling or restricting the transfer of a medical practice’s ownership interests;
- exercising de facto control over hiring, compensation, staffing levels, scheduling, clinical standards, billing, payer contracting, revenue targets, or pricing decisions of a medical practice; or
- advertising a medical practice’s services under any name other than the practice’s own.
Any agreement between an MSO and a medical practice would need to be negotiated through legal counsel at arm’s length, and any compensation paid to the MSO for management services would need to be consistent with fair market value as determined by the Federal Trade Commission.
Any arrangement violating these requirements would be considered void and unenforceable as against public policy.8
The bill also bans noncompete agreements for licensed providers (with a narrow exception for physician-owners holding 25% or more of a practice) and broadly voids nondisclosure and nondisparagement agreements between licensees and MSOs or healthcare providers.9
The Legislative Outlook
The bill does not appear to have a realistic chance of being passed by the current 119th Congress. As the Stop Corporate Takeovers of Physicians Act of 2026 is exclusively sponsored by Democrats, the bill is unlikely to progress in the current Republican-majority Congress. Even in future Congresses, such a bill would face an uphill climb to passage. Furthermore, the bill stays high level and would create much confusion if passed, indicating that the sponsors’ focus may have been more on releasing draft legislation on this topic rather than actual passage in the near term.
Sidley’s Healthcare team will continue to monitor the Stop Corporate Takeovers of Physicians Act of 2026 and state CPOM developments. Please contact the authors or your regular Sidley contact to discuss the implications of this bill.
1S__ Stop Corporate Takeovers of Physicians Act of 2026, 119th Cong. (2d Sess. 2026) [hereinafter the Act], https://www.warren.senate.gov/wp-content/uploads/2026/09/Stop-Corporate-Takeovers-of-Physicians-Act-for-circ.-2026.pdf.
2HR 10444, 119th Cong. (2d Sess. 2026), https://www.congress.gov/bill/119th-congress/house-bill/10444.
3Press Release, Sens. Elizabeth Warren, Ron Wyden, and Jeff Merkley et al., Warren, Hoyle, Wyden, Merkley, Ocasio-Cortez, Subramanyam Introduce Bill to Ban the Corporate Practice of Medicine (Sept. 16, 2026), https://www.warren.senate.gov/newsroom/press-releases/warren-hoyle-wyden-merkley-ocasio-cortez-subramanyam-introduce-bill-to-ban-the-corporate-practice-of-medicine/.
4Sidley, Oregon Revises Corporate Practice of Medicine Law: Implementing More Restrictions on Corporate Involvement in Medical Practices (June 12, 2025), https://www.sidley.com/en/insights/newsupdates/2025/06/oregon-revises-corporate-practice-of-medicine-law; Sidley, Newly Enacted California Law Formalizes Corporate Practice Restrictions (Oct. 8, 2024), https://www.sidley.com/en/insights/newsupdates/2025/10/newly-enacted-california-law-formalizes-corporate-practice-restrictions.
5Act § 2(a)(1), supra note 1.
6Id. § 2(a)(3).
7Id. § 2(b)(2).
8Id. § 2(b)(1).
9Id. § 2(b)(1)(A).
弁護士広告—Sidley Austin LLP はグローバルな法律事務所です。当事務所の所在地および連絡先情報は、www.sidley.com/en/locations/offices に掲載されています。
Sidley は、本情報をクライアントおよび関係者の皆様へのサービスとして、教育目的のみに提供しています。本情報は、法的助言として解釈または依拠されるべきものではなく、また弁護士と依頼者の関係を生じさせるものでもありません。読者は、専門家の助言を求めることなく本情報に基づいて行動すべきではありません。Sidley および Sidley Austin とは、www.sidley.com/disclaimer に記載のとおり、Sidley Austin LLP およびその関連パートナーシップを指します。
© Sidley Austin LLP
お問い合わせ
この Sidley Update に関してご質問がある場合は、通常ご担当されている Sidley の弁護士、またはご連絡ください。
Offices
得意分野
Suggested News & Insights
- Stay Up To DateSubscribe to Sidley Publications
- Follow Sidley on Social MediaSocial Media Directory

