Policy & Compliance

  • December 15, 2025

    High Court Won't Review Doctor 'Upcoding' Acquittal Decision

    The U.S. Supreme Court said Monday that it won't review a decision allowing a retrial of a Maryland doctor who was initially found guilty of a COVID-19 testing scheme but then secured an acquittal.

  • December 12, 2025

    Ore. Justices Rule Docs Can Be Liable For Nonpatient Deaths

    Oregon's highest court ruled that medical professionals can be held liable if their negligence results in a nonpatient's death, settling a split between a trial and appeals court in a case over a cyclist struck and killed by a driver under the influence of prescription drugs.

  • December 12, 2025

    Court Nixes NY Nursing Home's Win In COVID Immunity Suit

    It was premature for a trial court to find that a liability statute protected a Bronx-based nursing home from a suit over a patient's death, a New York appellate court ruled Thursday, concluding further fact inquiry is needed in the case. 

  • December 12, 2025

    Sherwin-Williams Flicks Tobacco Fee Suit To Arbitration

    An Ohio federal judge refused Friday to toss a proposed class action from two Sherwin-Williams ex-workers who alleged an employee health plan tobacco surcharge violated nondiscrimination provisions in federal benefits law, finding while one claim could proceed in court, the dispute should first head to arbitration.

  • December 12, 2025

    11th Circ. Scrutinizes Qui Tam History In FCA Challenge

    The Eleventh Circuit Friday weighed both the history of whistleblower laws going back to the nation's founding and recent U.S. Supreme Court commentary on qui tam litigation in a closely watched challenge to the False Claims Act.

  • December 11, 2025

    Trial Record Backs Gender-Affirming Care, Ohio Justices Told

    A group of transgender youths and their families urged Ohio's highest court to affirm their win overturning state restrictions on gender-affirming care, arguing undisputed evidence at trial backed their arguments on the safety and effectiveness of the treatment.

  • December 11, 2025

    6th Circ. Panel Shows No Leanings On PBM Jurisdiction Fight

    A Sixth Circuit appeals panel gave few hints Thursday on whether it would send back to state court a lawsuit from Ohio alleging that pharmacy benefit managers were driving up prescription prices through rebate schemes. 

  • December 10, 2025

    Florida, Texas Sue FDA Over Abortion Drug Approval

    The states of Florida and Texas again took aim at the U.S. Food and Drug Administration's approval of abortion medication mifepristone, saying in a Tuesday suit that the agency flouted federal law in greenlighting the drug and signing off on several generic versions.

  • December 10, 2025

    Teva Pulls 200 Patents From Orange Book Amid FTC Probe

    The Federal Trade Commission said Wednesday an investigation it conducted into Teva Pharmaceuticals prompted the company to remove over 200 patents from the U.S. Food and Drug Administration's Orange Book.

  • December 10, 2025

    Courts Let Military Ban Trans, HIV-Positive Troops For Now

    Two federal appellate courts have cleared the federal government to enforce a pair of controversial policies restricting transgender and HIV-positive people from serving in the military, with each lifting trial court blockades on the rules while litigation challenging them plays out.

  • December 10, 2025

    Nursing Home Owners Defrauded Medicaid For Years, NJ Says

    The owners of two New Jersey nursing homes diverted nearly $100 million in Medicaid funds to themselves while intentionally understaffing the facilities and neglecting the residents, according to a state comptroller report released Wednesday that called for more scrutiny of for-profit residential care facility operators.

  • December 10, 2025

    Med Delivery Co. Fired Workers For Pay Complaints, Suit Says

    A pharmaceutical delivery company misclassified drivers as independent contractors even though it controlled nearly every aspect of their work and fired 12 named drivers at once for speaking up about it, according to a proposed class action filed in Kentucky federal court.

  • December 10, 2025

    Feds Seek 10 Years For Ex-Harvard Morgue Manager

    Federal prosecutors in Pennsylvania have recommended that the court impose a 10-year prison sentence for former Harvard Medical School morgue manager Cedric Lodge following his admission to stealing and selling body parts from cadavers donated to the school for scientific research.

  • December 09, 2025

    Fla. AG Targets Pediatric Org. In Gender-Affirming Care Suit

    The office of Florida Attorney General James Uthmeier sued the American Academy for Pediatrics along with the World Professional Association for Transgender Health and the Endocrine Society in Florida state court Tuesday for allegedly misleading the public about the safety of gender-affirming care for minors.

  • December 09, 2025

    Meet The Attys For Humana In Price-Fixing MDL Set For Trial

    Attorneys from Lowey Dannenberg PC and Schneider Wallace Cottrell Kim LLP are teaming up to represent insurance giant Humana in the first bellwether case set for trial in multidistrict litigation accusing pharmaceutical companies of fixing generic drug prices.

  • December 09, 2025

    Lax Enforcement Spurs Suits Over Insurers' 'Ghost' Networks

    More patients are alleging that what are known as insurers' ghost networks — directories full of unreachable providers — deny them access to mental health care. Their counsel say scarce enforcement is just one of the problems.

  • December 09, 2025

    Vax Critic Atty Wants To 'Depoliticize' Shots

    Attorney Aaron Siri, who specializes in vaccine cases and has close ties to Health and Human Services Secretary Robert F. Kennedy Jr., sparked concerns after he spoke at a highly publicized Centers for Disease Control and Prevention vaccine meeting. Siri told Law360 he doesn’t see a conflict between his litigation work and his advocacy.

  • December 09, 2025

    Conn. Seems Open To Limits On Drug Price Cap Enforcement

    The state of Connecticut suggested Tuesday that drug sales to the state were not the same as drug sales "in this state" as defined by state law, a stance drug manufacturers promised to leverage in their efforts to block an impending drug price cap.

  • December 09, 2025

    4th Circ. Probes Limit Of HIV-Positive Military Hopefuls' Suit

    A federal appellate judge on Tuesday repeatedly pressed an attorney representing people who were denied admission to the U.S. military due to an HIV diagnosis, asking him to explain why his argument wouldn't force the U.S. Department of Defense to accept anyone with a medically controlled, chronic condition.

  • December 09, 2025

    FCA Bar Eager To Scrutinize 11th Circ. Qui Tam Debate

    An Eleventh Circuit panel this week will help decide the fate of the qui tam provisions of the False Claims Act. The FCA bar is watching closely a case with potentially massive ramifications for federal fraud enforcement.

  • December 09, 2025

    Mistrial Declared In Fla. Opioid Case Against Pharmacies

    A Florida state judge declared a mistrial following a hung jury after two weeks of deliberations in a lawsuit brought by hospitals alleging that Walmart, Walgreens and CVS pharmacies negligently doled out painkillers and contributed to the opioid crisis. 

  • December 09, 2025

    Hagens Berman's Novel DOJ Referral May Have Chilling Effect

    A Pennsylvania federal judge's unusual decision to refer prominent plaintiffs firm Hagens Berman LLP to the U.S. Department of Justice for possible criminal investigation over its pursuit of claims related to morning sickness drug thalidomide could have a chilling effect on lawyers' advocacy, law professors and attorneys said.

  • December 09, 2025

    US Asks 5th Circ. To Revive ACA Employer Tax Penalties

    The IRS properly penalized a janitorial services company for failing to provide employees with healthcare coverage under the Affordable Care Act, the U.S. government said, urging the Fifth Circuit to reverse a Texas federal court ruling that voided regulations promulgating the penalties.

  • December 09, 2025

    Insurer Says Whistleblower Stole Docs In Medicare FCA Case

    An insurer accused of running a kickback scheme to steer customers to its Medicare Advantage plan is seeking to question the whistleblower that sparked the False Claims Act suit, telling a Massachusetts federal judge on Tuesday that he snapped unauthorized photos of company files.

  • December 09, 2025

    Gender Care Ban Sets Catholic Hospitals On Uncharted Path

    An overwhelming majority of U.S. bishops recently backed new directives for Catholic health systems to prohibit gender transition treatments. Some experts say the move could make it more difficult for Catholic hospitals to navigate state laws protecting gender-affirming care.

Expert Analysis

  • Employer Considerations After 11th Circ. Gender Care Ruling

    Author Photo

    The Eleventh Circuit's en banc decision in Lange v. Houston County, Georgia, finding that a health plan did not violate Title VII by excluding coverage for gender-affirming care, shows that plans must be increasingly cognizant of federal and state liability as states pass varying mandates, say attorneys at Miller & Chevalier.

  • How Healthcare Practices Can Prepare For ICE Visits

    Author Photo

    Healthcare providers that may face encounters with immigration enforcement should familiarize themselves with compliance obligations beyond ensuring employment authorization, and mitigate risk by establishing clear policies and specific procedures that safeguard patient rights and manage staff interactions with agents, say attorneys at Roetzel & Andress.

  • Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare

    Author Photo

    New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.

  • Lessons From 7th Circ. Decision Affirming $183M FCA Verdict

    Author Photo

    The Seventh Circuit's decision to uphold a $183 million False Claims Act award against Eli Lilly engages substantively with recurring materiality and scienter questions and provides insights into appellate review of complex trial court judgments, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Kimberly Friday at Osborn Maledon.

  • Calif. Justices Continued Anti-Arbitration Trend This Term

    Author Photo

    In the 2024-2025 term, the California Supreme Court justices continued to narrow arbitration's reach under state law, despite state courts' extreme caseload backlog and even as they embraced contractual autonomy in other contexts, says Josephine Petrick at The Norton Law Firm.

  • Steps For Healthcare Providers After Cigna ERISA Settlement

    Author Photo

    Following the Cigna class action's settlement, where Employee Retirement Income Security Act violations arose from Cigna's online provider directory advertising providers as in-network who were actually out-of-network, providers should routinely audit their contract status and directory listings, and proactively coordinate with plans and payor partners, say attorneys at ArentFox Schiff.

  • What's New In FDA's Latest Cell And Gene Therapy Guidance

    Author Photo

    New draft guidance from the U.S. Food and Drug Administration, along with other recent initiatives, come together to promote cell and gene therapy product development by streamlining development and review pathways, say attorneys at Holland & Knight.

  • Adapting To Enforcement Focus On Wound Care Fraud

    Author Photo

    As federal agencies target wound care industry fraud as a top enforcement priority, attorneys advising industry stakeholders should evaluate business relationships for Anti-Kickback Statute violations, emphasize appropriate product use and documentation, and use internal data analytics to monitor billing patterns, say David Tarras at Tarras Defense and Jay McCormack at Verrill Dana.

  • AG Watch: Illinois A Key Player In State-Level Enforcement

    Author Photo

    Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.

  • Organ Transplant System Reforms Mark Regulatory Overhaul

    Author Photo

    Recent oversight, enforcement and operational developments in the U.S. organ procurement and transplantation system, alongside challenges like the federal shutdown, highlight heightened regulatory scrutiny and the need for compliance to maintain public trust, say attorneys at Hall Render.

  • Federal Grantees May Soon Face More Limitations On Speech

    Author Photo

    If courts accept the administration’s new interpretation of preexisting case law, which attempts to graft onto grant recipients the existing limitations on government contractors' free speech, a more deferential standard may soon apply in determining whether an agency’s refusal or termination of a grant was in violation of the First Amendment, say attorneys at Venable.

  • HHS Wound Care Report Highlights Need For Payment Reform

    Author Photo

    The U.S. Department of Health and Human Services' recent report on potential abuse in Medicare Part B payments for skin substitutes highlights specific fraud schemes, but more importantly emphasizes that broader changes are needed for the wound care sector's fundamentally flawed payment system, say attorneys at Paul Hastings.

  • Assessing The Future Of The HIPAA Reproductive Health Rule

    Author Photo

    In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.