Policy & Compliance

  • October 20, 2025

    Tylenol Maker Tells FDA Not To Add Autism Warning

    Tylenol maker Kenvue on Friday told the U.S. Food and Drug Administration to reject a call to add warnings about the risk of using acetaminophen during pregnancy, saying that "expansive" scientific evidence shows there is no proven link between the over-the-counter drug and autism.

  • October 20, 2025

    Lab Cos. Seek $542M For COVID Testing Reimbursement

    Three New York-based COVID-19 testing companies sued the federal government in the U.S. Court of Federal Claims seeking more than $542 million in damages over the government's alleged refusal to reimburse them for providing testing services to uninsured individuals.

  • October 20, 2025

    21 AGs Back Planned Parenthood In Funding Freeze Fight

    A coalition of attorneys general from 21 Democrat-led states chimed in on Monday in support of Planned Parenthood's case challenging the Trump administration's push to cut off Medicaid reimbursements to its centers and affiliates, saying more than a million people could lose healthcare access if the First Circuit doesn't halt the move.     

  • October 20, 2025

    Justices Won't Review Repeat Indictment For Medicare Fraud

    The U.S. Supreme Court let stand Monday the repeat indictment of a health clinic manager for what the Second Circuit called a massive, yearslong scheme to submit false claims to Medicare and Medicaid, effectively rejecting the manager's claims that his original trial was irreparably delayed.

  • October 20, 2025

    Top Court Won't Hear Chicago Hospital's Medicaid Dispute

    The U.S. Supreme Court on Monday refused to review a decision by the full Seventh Circuit holding that a Chicago hospital can't sue the state of Illinois to force the managed care organizations it contracts with to make timely Medicaid payments, rejecting a petition that argued another case on the high court's docket "will likely decide the outcome" in this one.

  • October 20, 2025

    High Court Won't Hear Hospital Vax Mandate Case

    The U.S. Supreme Court said Monday it won't review a decision backing a hospital's termination of a group of workers who refused to get COVID-19 vaccinations.

  • October 20, 2025

    Justices Won't Review Merck's Immunity From Vaccine Claims

    The U.S. Supreme Court refused Monday to review a decision immunizing Merck & Co. from claims that it blocked competition by making false submissions to federal regulators for its mumps vaccine.

  • October 17, 2025

    Nursing Exec Denied New Trial On Wage-Fixing Claims

    A Nevada federal judge has denied a new trial to a nursing executive convicted of wage-fixing conspiracy and wire fraud after he claimed the U.S. Department of Justice misled the jury about sweetheart terms of a cooperation deal with another company.

  • October 17, 2025

    Texas Appeals Court Revives Yelp Abortion Notice Suit

    The statewide Texas appeals court revived Texas' claims that Yelp misled customers about crisis pregnancy centers' limited services, finding that a lower court got it wrong by tossing the suit for lack of personal jurisdiction.

  • October 17, 2025

    CVS Can't Dodge Tobacco Surcharge Suit, Employee Says

    CVS shouldn't be allowed to escape a proposed class action claiming it illegally charged higher fees to health plan participants and their spouses due to their use of tobacco, an employee argued Friday, urging a California federal court to reject the company's assertion that he didn't have standing.

  • October 17, 2025

    NJ Parents Keep Fighting State Over Storage Of Babies' DNA

    Across the U.S., health departments draw small blood samples from newborns' heels to test for metabolic and genetic disorders. After a new mother discovered that New Jersey police had used DNA extracted from such samples in criminal investigations, she signed on as plaintiff in a suit that says parents have a right to refuse these blood draws.

  • October 17, 2025

    Federal Courts To Scale Back Operations Amid Shutdown

    The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.

  • October 16, 2025

    Calif. Hospitals Sue Over New Healthcare Cost Increase Caps

    The California Hospital Association hit the state's Office of Health Care Affordability and others with a lawsuit Wednesday, claiming they violated state law with new rules that aim to limit increases in consumer health care costs by curbing hospital spending.

  • October 16, 2025

    Generics Makers Urge 3rd Circ. To Nix Price-Fixing Classes

    Actavis and Mylan have urged the Third Circuit to reverse the certification of two classes of buyers for a pair of medications in the sprawling multidistrict litigation over alleged price-fixing in the generic drug industry.

  • October 16, 2025

    31,000 Kaiser Workers Go On Strike In Calif., Ore. And Hawaii

    About 31,000 Kaiser Permanente workers represented by a nurses union are on strike in California, Hawaii and Oregon, planning to remain on the picket line through Sunday to fight for higher wages.

  • October 16, 2025

    Morrison Cohen Starts Healthcare & Wellness Practice

    Morrison Cohen LLP announced the formal launch of its healthcare and wellness practice group on Thursday, citing growing client demand at the intersection of health, technology, and consumer products and services.

  • October 15, 2025

    Judge Won't Block Mich. Medicaid Mental Health Restructure

    A Michigan state judge has ruled that the Great Lakes State has the authority to competitively bid and restructure the geographic territory of prepaid inpatient health plans that manage mental health care for the state's Medicaid beneficiaries.

  • October 15, 2025

    Conn. Hospital Had Cause To Fire Lawmaker, Judge Confirms

    A Connecticut judge has confirmed an arbitrator's finding that Norwalk Hospital had "just cause" to fire a now-former state lawmaker, Anabel Figueroa, from her job as a unit coordinator after she made allegedly antisemitic remarks on the campaign trail.

  • October 15, 2025

    Bankruptcy Can't End Caterpillar Privacy Suit, Ex-Worker Says

    A former Caterpillar employee urged an Illinois federal judge on Tuesday not to let his bankruptcy spell doom for his lawsuit claiming the machinery manufacturer illegally collects applicants' family medical histories, arguing he properly used a 'wildcard exemption' to shield his assets from creditors.

  • October 15, 2025

    Judge Denies Class Cert. In Coast Guard Vax Suit

    A U.S. Court of Federal Claims judge declined to certify a proposed class of Coast Guard personnel who were involuntarily removed from active duty after refusing the COVID-19 vaccination, calling their proposed subclasses overly broad and potential claims too unique. 

  • October 15, 2025

    Crowell & Moring Adds Seasoned Healthcare Trial Atty

    Crowell & Moring on Wednesday announced that it is expanding its healthcare team with the addition of a first-chair trial attorney who co-founded the healthcare practice at Robins Kaplan LLP, where he was most recently a partner.

  • October 15, 2025

    Nursing Entities Stiffed Workers On OT, Suit Claims

    Two subsidiaries of an operator of nursing facilities automatically deducted unpaid meal breaks that certified nursing assistants were unable to take, leading to unpaid overtime wages, a former employee said in a proposed class and collective action in Colorado federal court.

  • October 14, 2025

    Providers Bring No Surprises Act Fight To High Court

    Two air ambulance providers asked the U.S. Supreme Court to allow them to use the courts to collect on out-of-network billing dispute resolution awards granted under the No Surprises Act, saying that without judicial review, insurers can just skip out on NSA bills to providers.

  • October 14, 2025

    6th Circ. Won't Revive Allergy Tester's Antitrust Case

    The Sixth Circuit refused to revive an allergy testing and treatment company's antitrust case accusing an insurer and a medical group of conspiring to squeeze it out of the market, after finding that doctors are the ones being directly harmed by the alleged activity.

  • October 14, 2025

    State Fraud Units Step Up To Police Medicaid

    The loss of seasoned prosecutors at federal agencies, coupled with the Trump administration’s intense focus on immigration, is undermining the government’s ability to police complex healthcare fraud schemes. State Medicaid fraud units are stepping up.

Expert Analysis

  • How Providers Can Brace For Drug Pricing Policy Changes

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    Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.

  • Debunking 4 Misconceptions Around Texas' IV Therapy Law

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    Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.

  • Legacy Of 3 Justices Should Guide Transgender Rights Ruling

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    Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.

  • Recent Reports Shed Light On Section 340B's Effectiveness

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    Recent analyses of the Section 340B program's effectiveness in helping patients afford drugs in Minnesota reinforce concerns about the program's lack of transparency and underscore the need for further evaluation of whether legislative reform should be enacted, say William A. Sarraille at the University of Maryland, and Andrée-Anne Fournier and Molly Frean at Analysis Group.

  • What Parity Rule Freeze Means For Plan Sponsors

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    In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.

  • CMS Guidance May Complicate Drug Pricing, Trigger Lawsuits

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    Recent draft guidance from the Centers for Medicare & Medicaid Services proposes to expand the scope of what counts as the same qualifying single-source drug, which would significantly alter the timeline for modified drugs facing price controls and would likely draw legal challenges from innovator drug companies, say attorneys at Debevoise.

  • 3 Takeaways From Recent Cyberattacks On Healthcare Cos.

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    For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.

  • Most-Favored Nation Drug Pricing Could Shake Up US Pharma

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    Recent moves from the executive and legislative branches represent a serious attempt to revive and refine the first Trump administration's most-favored-nations model for drug pricing, though implementation could bring unintended consequences for pharmaceutical manufacturers and will likely draw significant legal opposition, say attorneys at Morgan Lewis.

  • How Focus On Menopause Care Is Fueling Innovation, Access

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    Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.

  • FDA Commissioner Speech Suggests New Vision For Agency

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    In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.

  • Customs Fraud Enforcement In The Age Of Tariffs

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    In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.

  • Legal Risks For Providers Discussing Psychedelic Therapies

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    The emergence of psychedelic therapies as potential treatments for mental health conditions and other ailments continues to garner significant attention, but the legal landscape surrounding discussions and referrals remains fraught with complexity, creating potential risks for healthcare providers and institutions, says Kimberly Chew at Husch Blackwell.

  • How NY's FAIR Act Mirrors CFPB State Recommendations

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    New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.