Policy & Compliance
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April 01, 2026
PBM Opioid Crisis Suit Stays In Federal Court, Judge Says
A Michigan federal judge on Tuesday denied a request from the state attorney general to remand to state court a suit accusing two pharmacy benefit managers of fueling the opioid crisis, saying the case will remain in federal court because work performed for federal and nonfederal clients cannot be separated.
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March 31, 2026
Split 4th Circ. Affirms Injunction On W.Va. Drug Discount Law
A split Fourth Circuit panel sided with a trio of pharmaceutical manufacturers Tuesday that opposed a West Virginia law addressing drug delivery in the 340B program, saying the law attempted to reshape the "contractual bargain" Congress makes with private parties through its spending powers.
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March 31, 2026
Novartis Seeks To Block New Wash. 340B Drug-Pricing Law
Novartis has called on a Washington federal judge to block a new state law it claims illegally expands the subsidies manufacturers must pay under the federal government's 340B Drug Pricing Program, arguing drugmakers will lose millions of dollars annually if the law is allowed to take effect in June.
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March 31, 2026
Anesthesia Parent Can't Duck Antitrust Suit, But Affiliate Can
The parent company of U.S. Anesthesia Partners Inc. remains in the crosshairs of a private antitrust suit accusing it of trying to monopolize Texas anesthesia services, while a federal judge dismissed for now claims against an affiliate that he said was too far removed from the alleged rollup strategy.
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March 31, 2026
Compound GLP-1s, Anesthesia Prices And More In Court
Law360 Healthcare Authority looks at appellate arguments from compounding pharmacies alleging they were wrongly barred from making their own versions of weight loss drugs, the Federal Trade Commission's suit over an alleged “rollup” of Texas anesthesiology practices, and other significant litigation developments this week.
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March 31, 2026
Medical Center Ousted Worker Over Leg Injury, EEOC Says
A New Mexico medical center illegally fired an employee after failing to find her a new role that would have better accommodated her leg injury that caused lasting damage, according to a suit the U.S. Equal Employment Opportunity Commission filed Tuesday.
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March 31, 2026
Big Insurers Must Face 'Repricing' Antitrust Claims
Major insurance companies including Aetna, Cigna, Humana and UnitedHealth must face claims they conspired to reduce reimbursements to healthcare providers, a Massachusetts federal judge ruled Monday, finding that the doctors' allegations could constitute antitrust violations.
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March 31, 2026
Mich. Judge OKs Bias Training For Healthcare Workers
A Michigan judge has upheld a state requirement that healthcare professionals undergo implicit bias training to obtain or renew their licenses, finding the mandate was within the state licensing bureau's power.
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March 31, 2026
FTC's Probes Of Trans Care Orgs Raise Jurisdiction Concerns
The Federal Trade Commission's demands for information from transgender care organizations may be exceeding the agency's authority to investigate medical nonprofits.
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March 31, 2026
As FCA Meets 340B, Geyser Of Qui Tam Suits May Erupt
A Ninth Circuit ruling on the intersection of two of the most contentious laws in healthcare may be a combustible mix that triggers a new wave of fraud litigation.
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March 31, 2026
Insurer Says Yale Was 'Misleading' In $4.1M Transplant Claim
A Liberty Mutual unit accused Yale University's health system of making "serious and material misstatements" about a plan member's bone marrow transplant, the insurer said in its answer and counterclaim for a declaratory judgment that it can continue to deny the $4.1 million claim.
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March 31, 2026
Justices Reject Colorado's LGBTQ+ 'Conversion' Ban
The U.S. Supreme Court ruled Tuesday that a Colorado ban on therapy intended to change a minor's sexual orientation or gender identity amounts to viewpoint discrimination against a Christian therapist, a finding that split the court's liberal wing and crossed ideological lines.
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March 30, 2026
Don't Set Special IP Rules For 'Skinny Labels,' Justices Told
Drugmakers, industry groups, hospitals and scholars have urged the U.S. Supreme Court to uphold a decision letting a patent suit proceed over a generic drug using a so-called skinny label, saying the generics company is seeking unwarranted special protections that would upend patent law.
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March 30, 2026
FCA Qui Tams Are Unconstitutional, Eli Lilly Tells Justices
The False Claims Act's whistleblower provisions are unconstitutional, drugmaker Eli Lilly has told the U.S. Supreme Court, asking it to overturn a Seventh Circuit decision upholding a $183 million trial win for a whistleblower who claimed the drug company hid how much it charged for Medicaid-covered drugs.
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March 30, 2026
FTC Says Anesthesia Group Cheered While Raising Prices
The Federal Trade Commission pushed back against a bid from U.S. Anesthesia Partners to avoid facing trial on claims that it monopolized the market through a rollup strategy, saying the company celebrated its ability to dramatically increase prices.
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March 27, 2026
5th Circ. Won't Revive Ex-Health IT Co. Worker's Bias Suit
The Fifth Circuit upheld a healthcare information technology provider's win over a Black former manager's lawsuit claiming she was fired for complaining that a white male colleague was treated better, saying she couldn't overcome the company's rationale for letting her go.
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March 27, 2026
Pa. Health Network's $1.15M 401(k) Suit Deal Gets Final OK
A Pennsylvania federal judge gave the green light to a $1.15 million deal resolving a proposed class action alleging a healthcare system misused workers' forfeited employee retirement plan funds and failed to rein in administrative fees.
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March 27, 2026
Insurer Rips Sanctions Bid In Opioid Coverage Dispute
An insurer asked an Illinois federal court to reject a drug wholesaler's bid for sanctions in a dispute over coverage for underlying opioid litigation, saying the accusations that it intentionally destroyed pertinent evidence are, "at best, based on half-truths and misstatements of fact."
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March 27, 2026
Hospital Escapes Ex-Workers' 401(k) Forfeiture, Fund Suit
A New York federal judge on Friday tossed a proposed class action against a healthcare company alleging mismanagement of an employee 401(k) plan, concluding that ex-workers who sued lacked standing to bring some claims while the remaining allegations weren't sufficiently backed up to state a claim for violating federal benefits law.
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March 26, 2026
Elanco Beats Investor Suit Over Dog Drug's Reg Challenges
A Maryland federal judge Thursday dismissed a proposed securities class action against Elanco Animal Health Inc. that claimed the animal pharmaceuticals company misled investors about the safety of a canine dermatitis treatment it was developing and its timeline for the medication's commercial launch.
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March 26, 2026
DOJ Says NY-Presbyterian Blocked Lower-Cost Health Plans
New York-Presbyterian Hospital is forcing major health insurers to contract with it on an "all-or-nothing" basis, which is driving up healthcare costs in New York City and violates federal antitrust law, the U.S. Department of Justice said in a federal lawsuit filed Thursday.
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March 25, 2026
AbbVie, Novartis Sue Wash. Over New 340B Drug-Pricing Law
Pharmaceutical giants Novartis and AbbVie say a new Washington state law illegally expands drugmakers' obligations to provide deeply discounted medications under the federal government's 340B Drug Pricing Program, according to a pair of legal challenges launched in federal court on Wednesday.
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March 25, 2026
3rd Circ. Probes Free Speech Impact Of NJ Telemedicine Law
A Third Circuit panel on Wednesday examined whether New Jersey can bar out-of-state doctors from consulting with Garden State patients via phone or video without a state license, pressing both sides on where to draw the line between protected speech and the regulated practice of medicine.
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March 25, 2026
Insurers, Brokers Can't Exit Medicare Advantage Steering Suit
A Massachusetts federal judge on Wednesday largely rejected a bid by insurers and brokers to toss claims that they colluded in a kickback scheme to steer Medicare Advantage customers to certain companies and to push away disabled individuals.
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March 25, 2026
PBMs Say Mich. Price-Fixing Suit Lacks Specifics
For the second time, pharmacy benefit managers Express Scripts Inc. and Prime Therapeutics LLC asked a Michigan federal judge on Monday to toss a price-fixing suit filed by Michigan Attorney General Dana Nessel, arguing that the state has no standing to file the suit.
Expert Analysis
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CMS Healthcare Enforcement Initiatives May Cause Disruption
The Centers for Medicare & Medicaid Services' recently announced enforcement actions against healthcare fraud mark a significant escalation, and CMS' prior approach in the hospice sector suggests that even compliant providers and suppliers should brace for impact, say attorneys at Morgan Lewis.
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What We Know About DOJ's New FCA Enforcement Priorities
Recent remarks from the leader of the Justice Department’s commercial litigation branch provide key insights on how False Claims Act cases — especially healthcare fraud, trade fraud, antidiscrimination and cybersecurity claims — will be evaluated, prioritized and pursued as heightened enforcement becomes the new normal, say attorneys at Latham.
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How PBMs Can Adapt To Plan Sponsors' Disclosure Demands
As federal reforms, growing state regulation and litigation threats push plan sponsors to expect visibility into revenue streams, pharmacy benefit managers should leverage transparency strategically, including by simplifying how they get paid, offering clients audit-ready data and co-designing contracts that are easy for fiduciaries to explain and defend, says Kristie Blase at Frazer + Blase.
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How To Engage With Gov't's Direct-To-Consumer Drug Policy
The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.
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When Fraud Involvement Disqualifies FCA Whistleblowers
A Massachusetts federal court's recent dismissal of a False Claims Act relator in U.S. ex rel. Perry v. First Psychiatric Planners provides instructive insight into when whistleblowers may be denied their share of settlement proceeds, even if their involvement in the underlying fraud is a step removed, say attorneys at Holland & Knight.
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Lessons From Justices' Split On Major Questions Doctrine
The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.
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Drug Wholesaler's DPA Shows Imperfect Efforts Still Count
Atlantic Biologicals’ recent deferred prosecution agreement with federal prosecutors for allegedly distributing controlled substances to pill mill pharmacies demonstrates that even subpar cooperation, when combined with genuine remediation and strategic advocacy, can yield outcomes that protect a company's long-term interests, says Jonathan Porter at Husch Blackwell.
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Key Takeaways As HRSA Aims To Revive 340B Rebate Pilot
The U.S. Department of Health and Human Services' recent request for feedback on the 340B Rebate Model Pilot Program demonstrates that it intends to correct the model's procedural defects, which is positive news for participating manufacturers, but a setback for covered entities, say attorneys at Manatt.
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Unique Issues Facing Brand-Compounder Patent Litigation
Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.
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Pros And Cons Of FDA's Push For Nonprescription Drugs
The U.S. Food and Drug Administration's recent moves to shift more prescription drugs to over-the-counter status could increase access to important medications, but also bring potential safety risks and other trade-offs for drug companies, say attorneys at Hogan Lovells.
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Prepping For The Future Of No Surprises Act Enforcement
This year is expected to be a transition point for the No Surprises Act framework from regulatory delay to operational enforcement, so stakeholders should use this time to stress-test systems, clean up processes and prepare for enforcement, say attorneys at Akerman.
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High Court's 'Skinny Label' Case May Tackle Wider Questions
The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.
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Unpacking Key Themes From NY's New Healthcare Strategy
New York Gov. Kathy Hochul's 2026 State of the State agenda, read together with the state's fiscal year 2027 executive budget, reflect a clear framework to utilize Medicaid as the state's operating platform for healthcare reform, say attorneys at Sheppard.