Policy & Compliance

  • February 10, 2026

    Pa. Emerges As Battleground Over State False Claims Laws

    Momentum is growing to pass a False Claims Act law in Pennsylvania, the most populous U.S. jurisdiction without one already on the books. It's also reigniting debate over the value of anti-fraud statutes around the country.

  • February 10, 2026

    Hospitals Face 'Perfect Storm' Of Fed. Cuts, Revenue Strains

    Facing federal budget cuts, soaring labor costs and a rising tide of uninsured patients, U.S. hospitals are approaching a financial cliff that could trigger a wave of closures nationwide.

  • February 10, 2026

    Fresenius Can't Knock Out 401(k) Forfeiture Suit

    A Massachusetts federal judge narrowed but declined to dismiss a suit claiming dialysis company Fresenius violated federal benefits law by using forfeited 401(k) funds to pay for match contributions instead of plan fees, ruling the workers behind the suit adequately explained that the move may have flouted their interests.

  • February 09, 2026

    Anti-Abortion Groups Say Mich. Law Impedes 1st Amendment

    Two Michigan-based anti-abortion organizations are suing several officials, alleging recent amendments to Michigan's civil rights law will force them to hire employees and volunteers who do not share or may openly oppose their religious beliefs and stance on abortion.

  • February 09, 2026

    Medical Equipment Co. Nets Tentative Deal In Overbilling Suit

    Medical supply giant AdaptHealth Corp. has tentatively settled an overbilling suit brought by a proposed class of patients who claim they were overcharged for home healthcare equipment, according to a North Carolina court order pausing upcoming deadlines in the case.

  • February 06, 2026

    Ga. Panel Backs Sperm Bank Win In 'Wrongful Birth' Case

    A Georgia appeals court backed a win for sperm bank Xytex Corp. in consolidated litigation alleging the company sold sperm under false pretenses about the medical, psychological and social history of the donors.

  • February 06, 2026

    'Very Bizarre': Trump's Funding Freeze Appeal Vexes DC Circ.

    D.C. Circuit judges struggled Friday with whether to unblock a federal funding freeze carrying multitrillion-dollar implications, as a Trump administration lawyer disclaimed interest in a vast spending halt but also dodged opportunities to rule it out unequivocally.

  • February 06, 2026

    Arizona Abortion Restrictions Found Unconstitutional

    An Arizona state court permanently struck down a slew of restrictions on abortion care in the state, including an ultrasound mandate and a ban on the mailing of abortion pills, finding that the restrictions violate the right to abortion enshrined in the state's constitution.

  • February 06, 2026

    Hospital Pays $595K To End Ex-Workers' Retirement Suit

    A Cambridge hospital system agreed to pay $595,000 to settle a proposed class action claiming it mismanaged its $280 million retirement plan and cost workers millions in savings by failing to reduce management fees and trim costly funds from the plan, according to a Massachusetts federal court filing.

  • February 06, 2026

    HHS Ends 340B Drug Rebate Pilot After Legal Challenge

    The U.S. Department of Health and Human Services has ended a proposed rebate program that would have altered how hospitals receive payments for participating in the federal 340B drug discount program, which provides discounted prescription drugs for low-income Americans, after facing a lawsuit from a major hospital association.

  • February 05, 2026

    TikTok Urges NC Justices To Toss State's Addictive App Suit

    The North Carolina attorney general can't haul California-based TikTok Inc. and its now-minority Chinese owner ByteDance Inc. into state court to hash out addictive app and deceptive marketing claims solely because the online platform can be accessed in the Tar Heel State, the companies have told North Carolina's highest court.

  • February 05, 2026

    Trump Admin Asks 4th Circ. To Unfreeze ACA Rule Changes

    The Trump administration is urging the Fourth Circuit to let it plow ahead with two changes to Affordable Care Act regulations that a Maryland federal judge froze in August, arguing the rule changes are within the U.S. Department of Health and Human Services' power to enact.

  • February 05, 2026

    Website Wiretapping Claims Trimmed From Cigna Suit

    A Pennsylvania federal judge has trimmed most of a proposed class action over Cigna's alleged third-party sharing of customers' private health information on its website and patient portals, finding that while the customers had standing, they had consented to a privacy policy that disclosed the data collection and sharing.

  • February 04, 2026

    'Careless Or Disingenuous': Judge Rips CareFirst Rethink Bid

    A Virginia federal judge Wednesday refused to reconsider an order reversing course and throwing out key claims in CareFirst's suit against Johnson & Johnson over the immunosuppressive drug Stelara, calling CareFirst's arguments for doing so "either careless or disingenuous."

  • February 04, 2026

    Hartford HealthCare Must Provide Docs On $86M Takeovers

    Hartford HealthCare Corp. must hand over internal documents detailing its $86.1 million acquisitions of two hospitals from bankrupt Prospect Medical to a group of plaintiffs who accuse the health system of trying to create a monopoly for inpatient hospital services, a Connecticut state court judge has ruled.

  • February 04, 2026

    Teva Fights Class Cert. Bid In Effexor Antitrust Case

    Teva Pharmaceuticals urged a New Jersey federal judge Wednesday to reject a class certification bid by a group of direct buyers of the antidepressant drug Effexor XR and its generic versions, arguing that the proposed class failed to carry its burden showing that joinder is impracticable.

  • February 04, 2026

    Catholic Health System Escapes Tobacco Fee Suit In Missouri

    Ascension Health Alliance escaped a former employee's proposed class action alleging a fee on tobacco-using workers' health plans violated federal benefits law, after a Missouri federal judge held the private Catholic healthcare system wasn't required to retroactively reimburse surcharges for workers who completed a tobacco cessation program.

  • February 04, 2026

    Drugmaker Claims Stake In La. Mail-Order Abortion Meds Row

    An abortion medication manufacturer asserted its right Wednesday to defend mifepristone, moving to intervene in a federal lawsuit over mail-order abortion medication brought by Louisiana alleging that regulators violated federal law by removing an in-person dispensing requirement for the drug.

  • February 03, 2026

    NC County Faces Suit For Obstructing State Housing Benefit

    A North Carolina county misapplied state law and violated the state's constitution in retroactively deeming adult care home residents ineligible for state benefits based on a county commissioner's former ownership of those homes, according to a lawsuit filed Monday in North Carolina federal court.

  • February 03, 2026

    4 Things To Know As DOL Pitches Transparency For PBMs

    The U.S. Department of Labor's proposal to require pharmacy benefit managers to give employer-provided health plans detailed information on fees and compensation is a welcome development, benefits attorneys on both sides of the bar say. Here, Law360 looks at four things to know about the proposed regulations.

  • February 03, 2026

    Masimo Investors' $34M Deal In Revenue Suit Gets Initial OK

    Masimo Corp. and its investors have received initial approval of a $33.8 million deal to settle claims that the medical and audio device company based its sales and revenue projections on unrealistic expectations for demand.

  • February 03, 2026

    Seeking Rural Health Funds, States Mull Limiting Their Powers

    A $50 billion federal fund for rural healthcare providers is prompting some policymakers to rethink laws requiring medical facilities to get state approval for new or expanded facilities.

  • February 03, 2026

    Abortion Access Org. Launches With Challenge To Ark. Ban

    A newly formed abortion-rights legal group filed a constitutional challenge to anti-abortion laws in Arkansas. Law360 Healthcare Authority speaks with Molly Duane, Amplify Legal's litigation director, and takes a look at the case.

  • February 03, 2026

    JAMS Adds Frost Brown Atty With Healthcare, Tech Chops

    Alternative dispute resolution provider JAMS has brought on a Frost Brown Todd LLP partner in its Atlanta office, strengthening its panel with an attorney experienced in regulated industries like healthcare. 

  • February 03, 2026

    Royer Cooper Launches NJ Office, Healthcare Practice

    The Philadelphia area-based Royer Cooper Cohen Braunfeld LLC has announced the opening of an office in New Jersey and the launch of a healthcare practice group with the hiring of two attorneys from Capehart Scatchard PA.

Expert Analysis

  • Pharma Copay Programs Raise Complex Economic Questions

    Author Photo

    The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.

  • When AI Denies, Insurance Bad Faith Claims May Follow

    Author Photo

    Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.

  • Health Insurance Kickback Cases Signal Greater Gov't Focus

    Author Photo

    A series of recent indictments by federal prosecutors in California suggests that the Eliminating Kickbacks in Recovery Act is gaining momentum as an enforcement tool against illegal inducement of patient referrals in the realm of commercial health insurance, say attorneys at BakerHostetler.

  • FDA Transparency Plans Raise Investor Disclosure Red Flags

    Author Photo

    The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.

  • With Obligor Ruling, Ohio Justices Calm Lending Waters

    Author Photo

    A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.

  • Federal AI Action Plan Marks A Shift For Health And Bio Fields

    Author Photo

    The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.

  • Preparing For DEA Rescheduling Of 2 Research Chemicals

    Author Photo

    A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.

  • 9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool

    Author Photo

    The Ninth Circuit's decision last month in U.S. v. Schena, interpreting the Eliminating Kickbacks in Recovery Act to prohibit kickback conduct between the principal and individuals who do not directly interact with patients, serves as a wake-up call to the booming clinical laboratory testing industry, say attorneys at Kendall Brill.

  • Fla. Misses Opportunity To Rectify Wrongful Death Damages

    Author Photo

    Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.

  • A Shifting Trend In FDA Form 483 Disclosure Obligations

    Author Photo

    A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.

  • The Future Of Lab-Test Regs After FDA Rescinds Rule

    Author Photo

    The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.

  • Unpacking Ore. Law's Limits On PE Healthcare Investment

    Author Photo

    A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.

  • Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal

    Author Photo

    After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.