Policy & Compliance

  • September 08, 2026

    State Coalition Can Pursue Challenge To HHS Vax Overhaul

    A California federal judge allowed a coalition of states to proceed with their challenge to the Trump administration's decision to cut vaccine recommendations for children, ruling Tuesday the states plausibly alleged those decisions could increase costs of running their healthcare programs and burden them with having to adjust their laws. 

  • September 08, 2026

    Auto Industry Group Gets DOL Green Light For Health Plan

    The U.S. Department of Labor's employee benefits arm said Tuesday that a group of retailers and repair centers associated with Napa Auto Parts is clear to establish a group health plan for its member employers, concluding the arrangement would be covered by federal benefits law.

  • September 08, 2026

    Same Circuit, New Panel For 5th Circ. Abortion Pill Clash

    Louisiana’s push to halt abortion pills by mail heads back to the Fifth Circuit after a quick trip to the U.S. Supreme Court. An entirely new panel of judges is set to take up the case.

  • September 08, 2026

    Anti-Fraud Health Weapon Survives Constitutional Fight

    The Eleventh Circuit decision backing the constitutionality of the False Claims Act's qui tam mechanism isn't the end of challenges to the whistleblower bar and healthcare enforcement.

  • September 08, 2026

    DOL Issues Mental Health Parity Enforcement Guidance

    The U.S. Department of Labor's employee benefits arm issued guidance Tuesday on how to comply with federal laws that require employer health plans to produce an analysis of their mental health and substance use disorder coverage, which remains subject to litigation in D.C. federal court.

  • September 08, 2026

    $2.3M Nemours Foundation's ERISA Deal Clears 1st Hurdle

    A Florida federal judge has granted initial approval to a $2.3 million deal the Nemours Foundation reached with ex-workers who claimed their retirement plan was weighed down by excessive fees, nearly a year after the deal was first rejected by the court.

  • September 08, 2026

    Idaho Supreme Court OKs Revised Abortion Ballot Language

    The Idaho Supreme Court has agreed to revised ballot language for an abortion amendment scheduled to be in front of voters this November. 

  • September 04, 2026

    Humana Says $7.3B Roundup Deal Sidelines Health Insurers

    Humana Inc. alleged in New Jersey federal court that Monsanto Co. is attempting to skirt its obligation to reimburse health insurers for medical expenses stemming from exposure to its Roundup product.

  • September 04, 2026

    Vertex Fertility Aid Plan Would Violate Kickback Law

    A D.C. Circuit panel said Friday that a proposed Vertex Pharmaceutical program that would offer gene therapy patients financial support for fertility services violates the Anti-Kickback Statute, finding the initiative could be an unlawful inducement to purchase a certain medical treatment.

  • September 04, 2026

    9th Circ. Restores Idaho Abortion Ban Enforcement, For Now

    The Ninth Circuit will allow Idaho to fully enforce its abortion ban while the state briefs its request for emergency relief from an order that blocked the ban's application in certain health-related circumstances and declared a fundamental right to some abortions under the U.S. Constitution.

  • September 04, 2026

    ERISA Recap: 5 Appellate Rulings To Know From August

    The Seventh Circuit kept an Arkansas pharmacy benefit manager rule in place as not preempted by federal benefits law, the Fourth Circuit revived an Altria ex-worker's dispute over benefit plan documents, and the Eleventh Circuit reversed a pretrial win for Royal Caribbean in cruise workers' suit challenging 401(k) funds. Here, Law360 looks at those and two other major appellate decisions from August involving ERISA that benefits attorneys may want to know.

  • September 04, 2026

    Hospital Group Wants To Weigh In On $32M Yale Death Verdict

    The Connecticut Hospital Association urged a state appeals court to let it weigh in on a challenge to a nearly $32 million judgment entered against a Yale University-affiliated hospital over a premature baby's death, arguing the case presents important issues surrounding wrongful death damages.

  • September 03, 2026

    Trump Admin Fights Uphill To Beat Vaccine Overhaul Suit

    A California federal judge indicated Thursday that he is likely to reject the federal government's bid to toss litigation from states challenging the Trump administration's decision to cut vaccine recommendations for American children, saying he thinks the states have standing based on the effect the change will have on their healthcare systems.

  • September 03, 2026

    Penn State Health Gets Retirement Fund Suit Trimmed

    A Pennsylvania federal judge agreed to pare claims from a proposed class action against Penn State Health from an employee who alleged mismanagement of two defined-contribution 401(k) and 403(b) plans, but opened discovery allegations that underperforming investment options breached fiduciary duties.

  • September 03, 2026

    HHS OIG Report Targets $380M In Medicare Organ Payments

    A report released by the inspector general for the U.S. Department of Health and Human Services on Thursday estimated Medicare needlessly reimbursed roughly $380 million for organs that weren't used in Medicare-covered transplants, finding a "conflict" between federal statute and agency guidance on reimbursement practices.

  • September 03, 2026

    Pa. Opens Home Care Wage Probes Covering 100K Workers

    Pennsylvania is planning to step up enforcement of wage laws for home care employees, the state's labor secretary has announced, saying these workers are particularly vulnerable to wage theft.

  • September 03, 2026

    Doctor Supervision Regs Unconstitutional In NC, Nurse Says

    North Carolina must do away with regulations requiring nurse practitioners to enter practice agreements with supervising physicians, an owner of several clinics providing menopause-related care argued in a state court complaint, alleging the regulations are arbitrary, costly and violate the state's constitution.

  • September 02, 2026

    States Sue To Block Medicaid Ban On Youth Gender Care

    Twenty state attorneys general on Wednesday challenged the Trump administration's plan to halt Medicaid funding for minors' gender-affirming care, alleging the move would violate federal law and usurp congressional power over government spending.

  • September 02, 2026

    Danish Researcher Pleads Guilty To CDC Grant Money Theft

    A Danish researcher who spent more than 14 years as a fugitive from U.S. authorities pled guilty Tuesday to operating a wire fraud scheme that diverted more than $1 million in grant money intended to fund overseas research into autism and other developmental disorders.

  • September 02, 2026

    2nd Circ. Says PBM Opioid Crisis Suits Belong In Fed. Court

    Local New York governments can't keep dozens of suits alleging two of the nation's largest pharmacy benefit managers contributed to the opioid epidemic in state court, a Second Circuit panel held Wednesday, finding the litigation alleges "indivisible" federal and non-federal conduct by the PBMs.

  • September 02, 2026

    Mylan's Conflict Concerns Halt Antitrust Bellwether Trial Plans

    A Pennsylvania federal judge on Wednesday stayed proceedings and continued the trial date in the sprawling generic drug antitrust case after defendant Mylan alleged that the special discovery master, Saxton & Stump shareholder and former federal judge Lawrence Stengel, has a conflict of interest.

  • September 02, 2026

    Colo. Exits Pharma Group's Challenge Of Drug Discount Law

    A Colorado federal court has thrown out a pharmaceutical industry trade group's challenge of a state law requiring drug manufacturers to sell discounted drugs through contracted pharmacies, finding the group failed to show the law conflicts with federal law or controls business activity beyond Colorado's borders.

  • September 02, 2026

    DOL Backs Aramark Bid To Avoid Aetna ERISA Suit Arbitration

    The U.S. Department of Labor backed Aramark's attempt to keep in court its allegations that Aetna cost the company millions by mismanaging health benefit claims, telling the full Fifth Circuit that a panel correctly held that the case fell under an exception in the arbitration agreement.

  • September 01, 2026

    Mylan Cites 'Immutable Conflict' In 11th Hour Bid To Stay Trial

    Just about a week before the first trial in the sprawling generic drug price-fixing multidistrict litigation, Mylan urged a Pennsylvania federal judge to postpone the trial and stay all proceedings for at least 45 days, claiming that the special master in the case has an "immutable conflict" that impacts not just the pending trial but the entire MDL.

  • September 01, 2026

    'Secret Shoppers' Get ACA Plan Runaround

    Georgetown University researchers shopping incognito for Affordable Care Act insurance plans found misleading claims and even outright falsehoods. Law360 Healthcare Authority talks to lawyer and researcher Amy Killelea about the consequences of misinformation in the insurance market.

Expert Analysis

  • DOJ Actions Suggest Expansion Of Healthcare Enforcement

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    Recent actions by the U.S. Department of Justice and U.S. Food and Drug Administration suggest that federal healthcare enforcement efforts are moving away from traditional program-based fraud and toward cases centered on product integrity, regulatory transparency and telehealth marketing, effectively widening the government's enforcement playbook, say attorneys at MoFo.

  • New Orphan Drug Law Provides A Key Fix For Pharma Cos.

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    The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

  • FDA User Fee Talks Offer Clues On Upcoming Reforms

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    As the U.S. Food and Drug Administration undergoes the User Fee Act reauthorization process and renegotiates its user fee agreements over the next several months, the agency's consultation meetings with relevant industries can shed light on the FDA's priorities, and provides stakeholders an opportunity to participate in the reform process, say attorneys at Holland & Knight.

  • Changes Coming To The SBIR And STTR Programs

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    Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

  • FDA Framework For Personalized Therapies Raises Questions

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    The U.S. Food and Drug Administration's new plausible mechanism framework for developing individualized therapies reflects the agency's focus on rare-disease drugs, but numerous significant, unresolved issues cast uncertainty on how effective the framework will be in practice, say attorneys at Ropes & Gray.

  • Scrutiny Of Nursing Home Practices Marks Inflection Point

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    Recent congressional inquiries into UnitedHealth Group's Medicare Advantage-linked nursing home practices raise questions about whether financial metrics are allowed to influence decisions governed by the standard of care, and could implicate duties imposed by federal regulations, state negligence laws and elder abuse statutes, says Lindsey Gale at Rafferty Domnick.

  • 7 Steps For Gov't Contractors In Post-IEEPA Tariff Landscape

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    In response to U.S. Supreme Court's recent decision to strike down tariffs issued by the Trump administration under the International Emergency Economic Powers Act, there are several actions federal contractors should take to preserve their place in any refund waterfall, and to manage audit, overpayment and False Claims Act risk, say attorneys at Holland & Knight.

  • CMS Healthcare Enforcement Initiatives May Cause Disruption

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    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.

  • What We Know About DOJ's New FCA Enforcement Priorities

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    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.

  • How PBMs Can Adapt To Plan Sponsors' Disclosure Demands

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    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.

  • How To Engage With Gov't's Direct-To-Consumer Drug Policy

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    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.

  • When Fraud Involvement Disqualifies FCA Whistleblowers

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    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.

  • Lessons From Justices' Split On Major Questions Doctrine

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    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.