Policy & Compliance

  • March 06, 2026

    9th Circ. Mulls Whether Politics Tainted DOJ Trans Care Probe

    A Ninth Circuit panel on Friday grappled with where to draw the line between a legitimate law enforcement investigation and a politically motivated crusade, as the U.S. Department of Justice sought to revive a subpoena against a telehealth provider of gender-affirming medical care.

  • March 06, 2026

    Mass. Judge Told Vax Committee Must Be Fairly Balanced

    A key federal vaccine committee remains subject to statutory requirements that its membership be fairly balanced, a Massachusetts federal judge heard from both U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. and medical organizations challenging his overhaul of the group.

  • March 06, 2026

    Dentist Says She Was Fired For Exposing Medicaid Fraud

    A dentist filed suit against several West Michigan dental practices and a dental management company, claiming she was fired after reporting that the clinics billed Medicaid for dental procedures that were never performed.

  • March 05, 2026

    Telehealth Co. Swaps In Gordon Rees In Novo's GLP-1 Fight

    A telehealth platform facing allegations from Novo Nordisk that it falsely advertised Ozempic alternatives has picked new counsel in the dispute, withdrawing attorneys from Foley & Lardner LLP and Miller Nash LLP and substituting in two lawyers from Gordon Rees Scully Mansukhani LLP.

  • March 05, 2026

    Pharma Co. Investors Secure Class Cert. Over FDA Obstacles

    A Pennsylvania federal judge has granted certification to a group of Verrica Pharmaceuticals Inc. investors who claim the company defrauded them by hiding obstacles it faced in obtaining approval from the U.S. Food and Drug Administration for its lead product, though she made a slight change to the class definition to avoid what she called a "heads I win, tails you lose strategy."

  • March 05, 2026

    9th Circ. Denies Bail Pending Nurse Wage-Fixing Appeal

    A Ninth Circuit panel summarily refused to allow a Las Vegas home nursing executive to avoid prison while appealing the U.S. Department of Justice's first-ever criminal wage-fixing conviction.

  • March 05, 2026

    9th Circ. Judge 'Frustrated' At DOJ Position On Anti-Trans EOs

    A Ninth Circuit judge said Thursday he's "very frustrated" with the Trump administration's argument that a district court judge acted prematurely by partly blocking executive orders to end funding for gender-affirming care, saying it's "pretty clear" the government was poised to do exactly that.

  • March 05, 2026

    BCBS Can't Nix NC Plan Member From Cancer Treatment Row

    A North Carolina federal judge ruled a Blue Cross Blue Shield unit must face proposed class action claims over its administration of a state employee health plan from a participant alleging it arbitrarily characterized a proton beam cancer radiation treatment as experimental to deny coverage.

  • March 05, 2026

    Perez Morris Taps Ex-Post & Schell Atty To Lead Philly Office

    Seven years after expanding into Philadelphia, Perez Morris has brought in a former Post & Schell PC principal and seasoned healthcare litigator to lead the office as its first partner-in-charge.

  • March 05, 2026

    ERISA Recap: 6 Developments To Remember From Feb.

    The Second Circuit refused to boot a former Luxottica worker's proposed class claims into solo arbitration, a Texas federal judge declined to snuff out a tobacco fee suit against 7-Eleven and a healthcare company inked a $43 million deal to wrap a case over how it handled 401(k) plan forfeitures. Here's a look back at six noteworthy moves in Employee Retirement Income Security Act cases from last month.

  • March 05, 2026

    Fla. Lab Pays $980K To Settle Kickback Allegations

    A laboratory in Florida agreed to pay $980,000 to resolve allegations that it provided kickbacks to marketers for referring Medicare beneficiaries to use its services, according to a Thursday statement from the U.S. Department of Justice.

  • March 04, 2026

    CVS Beats Antitrust Suit Over 340B Drug Program, For Good

    CVS Health Corp. permanently defeated a proposed antitrust class action alleging it forced hospitals in a discount drug program to use its third-party administrator for savings, when a Pennsylvania federal judge ruled Tuesday that hospitals aren't required to contract with CVS and can pick Walgreens or other participating pharmacies to contract with.

  • March 04, 2026

    DC Judge Strikes Down 340B Drug Discount Registration Rule

    The U.S. Health Resources and Services Administration cannot reinstate a pre-pandemic policy requiring covered hospitals' offsite facilities to register with the agency in order to access discounted drugs under the 340B program, a D.C. federal judge ruled.

  • March 04, 2026

    Fla. Hospital, EMT Beat Suit Over Unauthorized Trauma Photo

    A Miami-area hospital and one of its emergency medical technicians didn't intentionally inflict emotional distress or violate the privacy of the father of a gravely injured motorcycle crash patient when an EMT posted a photo of the motorcyclist's injured leg to Instagram, a Florida appeals panel ruled Wednesday. 

  • March 04, 2026

    6th Circ. Backs Tenn. Med School In FMLA Retaliation Suit

    A former medical resident cannot revive his lawsuit claiming a Tennessee medical school suspended him for taking leave under the Family and Medical Leave Act, the Sixth Circuit ruled this week, finding he failed to show the school's explanation for the discipline was a pretext for retaliation.

  • March 04, 2026

    NY Bill Would Expand Liability For Chatbot Operators

    A bill in the New York State Senate that would impose liability on the owners and operators of artificial intelligence-powered chatbots that give advice reserved for licensed professionals like lawyers and doctors could reshape how some legal tech entities engage with consumers in the Empire State.

  • March 04, 2026

    House Panel Tussles Over Minnesota Medicaid Fraud Claims

    The public political battle between Minnesota and the federal government over alleged Medicaid fraud in the state continued Wednesday on Capitol Hill, with Republicans and Democrats casting stones at each other after President Donald Trump's administration pulled nearly $260 million in healthcare funding from the state.

  • March 04, 2026

    7th. Circ. Upholds Healthcare Co.'s Win In FMLA Suit

    The Seventh Circuit affirmed a healthcare company's win in a former human resources specialist's Family and Medical Leave Act suit, holding that the health system lawfully terminated her for failing to return to work once her approved leave expired.

  • March 03, 2026

    BioAge Investors Lose Last Bid At Obesity Drug-Linked Suit

    Biopharmaceutical company BioAge Labs Inc. has escaped a suit accusing it of damaging investors by unexpectedly halting a clinical trial for a weight loss drug, with a California federal judge finding that the court already dismissed the claim that BioAge's risk disclosures were lacking.

  • March 03, 2026

    Inova Defeats Nurses' COVID Vax Bias Suits At 4th Circ.

    The Fourth Circuit refused Tuesday to revive suits from nurse anesthetists who said they faced religious and disability discrimination when they were fired for refusing to get vaccinated against COVID-19, ruling that nonprofit healthcare provider Inova wasn't their employer.

  • March 03, 2026

    Death From Stem Cell Treatment For ALS Draws $24M Verdict

    A Washington state jury awarded $24 million to the family of a patient who died just two days after what his family members described as a "worthless" spinal cord procedure to treat his ALS at a Seattle stem cell clinic.

  • March 03, 2026

    Ex-FDA Leaders Rebut Contraception Rollbacks At 3rd Circ.

    Former FDA commissioners argued that Trump-era religious exemptions for birth control coverage jeopardize public health and distort medical science, in an animus brief filed Monday with the Third Circuit.

  • March 03, 2026

    NC Doctor's Bid For New Trial Is Too Late, Judge Says

    A North Carolina federal judge has refused to order a new trial for a doctor convicted of participating in an $11 million Medicare fraud scheme, finding that because the motion did not contain new evidence, the deadline to request another trial has passed.

  • March 03, 2026

    Elevance Sanction Adds To Medicare Advantage Troubles

    Amid slowing enrollment rates and rising enforcement interest in private Medicare plans, insurer Elevance Health is being barred from signing up new patients to some prescription drug plans. It's not the only bad news for Elevance or the MA market.

  • March 03, 2026

    Florida Man Pleads Guilty In $24M HIV Drugs Fraud Scheme

    The owner of a marketing company in Florida has pled guilty to receiving kickbacks as part of a $24 million scheme to sign up Medicare and Medicaid beneficiaries for HIV prophylactic medications they did not need.

Expert Analysis

  • Regulatory Uncertainty Ahead For Organ Transplant System

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    Pending court cases against a Centers for Medicare and Medicaid Services final rule that introduced a competition-centric model for assessing organ procurement organizations' performance will significantly influence the path forward for such organizations and transplant hospitals, say attorneys at Crowell & Moring.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • It's Too Soon To Remove Suicide Warnings From GLP-1 Drugs

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    The U.S. Food and Drug Administration's decision this month to order removal of warnings about the risk of suicidal thoughts from GLP-1 weight-loss drugs is premature — and from a safety and legal standpoint, the downside of acting too soon could be profound, says Sean Domnick at Rafferty Domnick.

  • What To Know About DOL's New FLSA, FMLA Opinion Letters

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    The U.S. Department of Labor kicked off 2026 by releasing several opinion letters addressing employee classification, incentive bonuses and intermittent leave, reminding employers that common practices can create significant risk if they are handled inconsistently or without careful documentation, say attorneys at Woods Rogers.

  • What Changed For Healthcare Transaction Law In 2025

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    Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.

  • Expect State Noncompete Reforms, FTC Scrutiny In 2026

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    Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.

  • CMS 2027 Proposal Is Mixed Bag For Medicare Advantage

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    The Centers for Medicare and Medicaid Services' recent proposed rule for the Medicare Advantage and Part D programs gives small organizations reason for optimism, although certain elements may be inconsistent with the Centers' desire to enhance competition, says Christine Clements at Sheppard Mullin.

  • 3 Key Takeaways From Planned Rescheduling Of Cannabis

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    An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.

  • 6 Issues That May Follow The 340B Rebate Pilot Challenge

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    Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.

  • 2026 State AI Bills That Could Expand Liability, Insurance Risk

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    State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.

  • How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases

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    Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.

  • Key Trends For Life Sciences Cos. To Watch In 2026

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    Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.

  • The Next Pressure Point In Digital Health: Informed Consent

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    Two new federal digital health initiatives will usher in a new era where virtual care, software-enabled devices and home-based monitoring are integrated into care and reimbursement models, with the impact of shifting rules and opportunities felt most immediately in the context of informed consent, says Kimberly Chew at Husch Blackwell.