Policy & Compliance
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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February 03, 2026
Legal Risks Complicate Drugmakers' TrumpRx Participation
Federal watchdog guidance on the soon-to-be-launched TrumpRx website has assuaged some, but not all, concerns about anti-kickback compliance and other legal risks facing drugmakers.
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February 03, 2026
Alston & Bird Adds Healthcare Regulatory Pro From Goodwin
Alston & Bird LLP has added a healthcare regulatory attorney previously with Goodwin Procter LLP as a partner in Chicago, the firm announced Tuesday.
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February 02, 2026
Swedish Health Nears Deal In Hospital Workers Wage Row
Seattle-area hospital system Swedish Health Services and the workers who were seeking about $126 million from it told a Washington state court that they agreed to settle a suit claiming meal break violations and rounding practices that led to unpaid wages.
Expert Analysis
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Arguing The 8th Amendment For Reduction In FCA Penalties
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.
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$95M Caremark Verdict Should Put PBMs On Notice
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.
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DOJ Actions Signal Rising Enforcement Risk For Health Cos.
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.
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Spotlight On Medicare Marketing Practices Enforcement Trend
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.
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Federal Regs Order May Spell Harsher FDCA Enforcement
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.
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What High Court's Tenn. Trans Care Ruling Means Nationally
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.
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High Court ACA Ruling May Harm Preventative Care
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.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
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.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
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.
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How Providers Can Brace For Drug Pricing Policy Changes
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.
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Debunking 4 Misconceptions Around Texas' IV Therapy Law
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.
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Legacy Of 3 Justices Should Guide Transgender Rights Ruling
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.
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Recent Reports Shed Light On Section 340B's Effectiveness
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.