Policy & Compliance

  • October 23, 2025

    Wash. Justices Skeptical Of Debtor's Collection Notice Stance

    Washington Supreme Court justices appeared wary Thursday of second-guessing a Seattle federal judge who asked them to decide whether a hospital billing disclosure law applies to debt collectors, as the plaintiff in the underlying proposed class action pressed the court to "reformulate" the certified question.  

  • October 23, 2025

    6th Circ. Panel Torn On Mich. 'Conversion Therapy' Ban

    A Sixth Circuit panel appeared divided Thursday about whether to block enforcement of Michigan's ban on conversion therapy for minors as the U.S. Supreme Court grapples with a nearly identical Colorado law.

  • October 23, 2025

    Ex-Exec Accused Of Stealing IVF Co.'s Trade Secrets

    The co-founder of a Garden State genetic testing company abruptly quit, deleted all the data on his company laptop — including the only copy of some materials — then took the trade secrets to help a competitor, according to a lawsuit filed in New Jersey federal court.

  • October 23, 2025

    Telehealth Ketamine Provider Hit With Wrongful Death Suit

    Online ketamine therapy provider Mindbloom was hit with a wrongful death suit in North Carolina state court by the father of a 27-year-old man who says his medical history should have disqualified him from receiving the allegedly dangerous anesthetic.

  • October 23, 2025

    2nd Circ. Says NY Health System Must Face Race Bias Claims

    The Second Circuit reinstated a suit Thursday from a Black registered dietitian who said her boss berated her and fired her out of prejudice, ruling the former employee put forward enough detail to keep some of her race bias claims afloat.

  • October 23, 2025

    Ex-DOJ, WilmerHale Attys Latest To Join Democracy Forward

    Democracy Forward on Thursday announced the addition of four attorneys, including a former U.S. Department of Justice appellate leader and a longtime assistant U.S. attorney in Virginia.

  • October 23, 2025

    McGuireWoods Asks NC Justices To Stay Defamation Case

    McGuireWoods LLP and a former partner are asking North Carolina's highest court to halt a defamation case over statements made in connection with an investigation into the former CEO of a managed care organization, saying they risk permanently losing their immunity defense if the suit is allowed to move forward.

  • October 23, 2025

    5th Circ. Revives Religious Bias Suit Over DOD Vaccine Policy

    The Fifth Circuit breathed new life into a proposed class action claiming the U.S. Department of Defense unlawfully slow-walked civilian employees' requests for religious exemptions from its COVID-19 vaccination directive, saying the mandate getting rescinded didn't nullify the lawsuit.

  • October 22, 2025

    Judge Voids HHS Rule Banning Gender Identity Discrimination

    A Mississippi federal judge on Wednesday struck down a Biden-era U.S. Department of Health and Human Services rule that protected gender-affirming care under the Affordable Care Act, ruling that federal officials exceeded their authority by broadening the definition of sex discrimination to cover gender identity.

  • October 22, 2025

    State AGs Push Back In First Amendment Subpoena Fight

    A coalition of state attorneys general is urging the U.S. Supreme Court to safeguard their fundamental investigative authority, warning in an amicus brief filed Tuesday that a New Jersey anti-abortion center's challenge could allow subpoenaed entities to routinely bypass state courts and tie up enforcement actions in federal litigation.

  • October 22, 2025

    NIH Sued For Access To Research On Trans Youth Care

    A conservative government watchdog group sued the National Institutes of Health on Wednesday seeking access to data from a multiyear study on the impact of gender-affirming medical treatments for transgender youth.

  • October 22, 2025

    Ed Dept. Must Face States' Case Over Mental Health Grants

    A Seattle federal judge declined to throw out a lawsuit accusing the U.S. Department of Education of illegally discontinuing grants for student mental health programming, recognizing that Washington and other states have valid claims that the move will cut them off from money meant for reducing violence in schools.

  • October 22, 2025

    States Back Boston Hospital In Fight Over Trans Care Records

    A group of states backed a Boston hospital in its bid to block the Trump administration from accessing transgender care records, warning a federal judge that allowing the government's request could expose a wide variety of doctors to criminal charges.

  • October 22, 2025

    Obstetrician's Win Upheld In 'Outrageous Terminology' Suit

    A Georgia Court of Appeals on Wednesday upheld a trial court's decision that an Atlanta obstetrician's allegedly "outrageous terminology" wasn't "extreme and dangerous," and that she didn't intentionally inflict emotional distress when she told a couple their stillborn child had been "decapitated" during delivery.  

  • October 22, 2025

    DOJ Pushes To Pause DACA Health Suit Due To Shutdown

    Pointing to the government shutdown, the U.S. Department of Justice asked a North Dakota federal judge to pause litigation over a regulation that allowed immigrants brought to the U.S. as children without authorization to access Affordable Care Act health coverage.

  • October 21, 2025

    Novo Nordisk Says Officials Not Qualified To Doubt Drug Bills

    Attorneys for Novo Nordisk Inc. on Tuesday sought to undercut witness testimony that Medicaid claims in Washington state for the company's hemophilia drug NovoSeven were shockingly high, leading one state auditor to suspect fraud.

  • October 21, 2025

    Anesthesia Giant Cuts Deals To End Hospital Antitrust Cases

    North America's largest anesthesia provider has reached settlements ending antitrust claims from hospitals in New York and Florida as well as counterclaims accusing the hospitals of illegally recruiting away clinicians, according to court filings.

  • October 21, 2025

    MAHA Insider Talks 'Fever Point' For Healthcare

    A MAHA insider says the healthcare industry should be prepared amid a massive cultural shift on health issues.

  • October 21, 2025

    Healthcare Laws This Week: Drug Pricing, AI And Aid In Dying

    Law360 Healthcare Authority looks at a proposal by congressional Democrats to scale back Medicare price negotiation exemptions for so-called orphan drugs, new chatbot safeguards enacted in California to prevent youth suicide and other legislative developments affecting the healthcare industry this week.

  • October 21, 2025

    4th Circ. Backs Hospital's Firing Of Christian Vaccine Refuser

    The Fourth Circuit declined Tuesday to reinstate a lawsuit from a hospital worker who claimed she was illegally fired for refusing to get immunized against COVID-19 because of her Christian faith, agreeing with the hospital that letting her remain unvaccinated would have put patients at risk.

  • October 21, 2025

    Calif. Court Backs Birth Battery Claim, Split On Gender Abuse

    A California appeals court has reinstated a medical battery lawsuit brought by a woman who accused her obstetrician of forcing an unwanted procedure on her during childbirth, but the court rejected her claim that the act constituted gender-based violence, prompting a sharp judicial dissent.

  • October 21, 2025

    Supreme Court Medina Ruling Erodes Public Health Networks

    Healthcare advocates in more than a dozen states are bracing for Planned Parenthood's ouster from public benefit programs after a U.S. Supreme Court decision in June.

  • October 21, 2025

    Texas Doctor Vows Court Battle After Ivermectin Sanction

    Four years after a confrontation outside a Fort Worth hospital, the Texas Medical Board reprimanded a doctor who arranged to have ivermectin delivered to a COVID-19 patient. Dr. Mary Talley Bowden, a vocal critic of vaccine mandates and a frequent litigant, says she's ready for more legal battles.

  • October 21, 2025

    'Ghost' Mental Health Providers Haunt Medicare Advantage

    A new federal report looks at a widespread problem within Medicare Advantage and Medicaid managed care plans of networks riddled with "ghost providers." 

  • October 20, 2025

    Drugmakers Say Conn. Law Illegally Extends Beyond State

    A group of generic drug manufacturers has asked a Connecticut federal court to block the enforcement of a new price-control law against sales that occur outside of Connecticut, claiming that the law violates the U.S. Constitution.

Expert Analysis

  • FCA Working Group Reboot Signals EHR Compliance Risk

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    The revival of the False Claims Act working group is an aggressive expansion of enforcement efforts by the Justice Department and the U.S. Department of Health and Human Services targeted toward technology-enabled fraud involving electronic health records and other data, say attorneys at ArentFox Schiff.

  • FDA's Hasty Policymaking Approach Faces APA Challenges

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    Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.

  • The Metamorphosis Of The Major Questions Doctrine

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    The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

  • A Rapidly Evolving Landscape For Noncompetes In Healthcare

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    A wave of new state laws regulating noncompete agreements in the healthcare sector, varying in scope, approach and enforceability, are shaped by several factors unique to the industry and are likely to distort the market, say attorneys at Seyfarth.

  • Arguing The 8th Amendment For Reduction In FCA Penalties

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    While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.

  • $95M Caremark Verdict Should Put PBMs On Notice

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    A Pennsylvania federal judge’s recent ruling that pharmacy benefits manager CVS Caremark owes the government $95 million for overbilling Medicare Part D-sponsored drugs highlights the effectiveness of the False Claims Act, as scrutiny of PBMs’ outsized role in setting drug prices continues to increase, say attorneys at Duane Morris.

  • DOJ Actions Signal Rising Enforcement Risk For Health Cos.

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    The U.S. Department of Justice's announcement of a new False Claims Act working group, together with the largest healthcare fraud takedown in history, underscore the importance of sophisticated compliance programs that align with the DOJ's data-driven approach, say attorneys at Debevoise.

  • Spotlight On Medicare Marketing Practices Enforcement Trend

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    Recent U.S. Department of Justice actions, including its recent Medicare kickback allegations in Shea v. eHealth, demonstrate increasing enforcement scrutiny on Medicare Advantage marketing practices, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Erica Hitchings at the Whistleblower Law Collaborative.

  • Federal Regs Order May Spell Harsher FDCA Enforcement

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    A recent executive order aimed at reducing criminal prosecutions of those who unknowingly violate complex federal regulations may actually lead to more aggressive felony indictments under the Federal Food, Drug and Cosmetic Act, but companies and executives can mitigate risks by following several key principals, say attorneys at McGuireWoods.

  • What High Court's Tenn. Trans Care Ruling Means Nationally

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    The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • Rising Enforcement Stakes For Pharma Telehealth Platforms

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    Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.

  • 3 Judicial Approaches To Applying Loper Bright, 1 Year Later

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    In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.