Policy & Compliance

  • October 30, 2026

    Philly Health System's Time Rounding Shorted OT, Suit Says

    A former hospital supervisor has accused a Philadelphia health system in Pennsylvania state court of shortchanging hourly workers on overtime by rounding their clock-in and clock-out times to the nearest 15 minutes while expecting them to start work early and stay late.

  • October 30, 2026

    Home Care Cos. Win Partial Block Of DOL Overtime Rule

    The U.S. Department of Labor exceeded its authority by barring third-party employers of live-in domestic workers from claiming a federal overtime exemption, a Pennsylvania federal judge ruled, but he kept in place a similar restriction for companionship workers.

  • October 29, 2026

    Colo. Justices Won't Review Hospital's Injunction Compliance

    The Colorado Supreme Court declined Thursday to take up transgender youth patients' challenge to a Denver judge's ruling that discharged their contempt citation against Children's Hospital Colorado for not resuming providing medical gender-affirming care to transgender adolescents.

  • October 29, 2026

    GEO Says Colo. Health Inspection Law Suit Should Survive

    The federal contractor that runs an immigration detention center near Denver is coming out swinging against Colorado's attempt to kill its suit challenging a state law requiring extra inspections, saying its claims cannot be considered premature just because the state has not enforced the law yet.

  • October 29, 2026

    EMT Immunity Doesn't Cover Driving, Wash. Justices Say

    Emergency medical technicians' qualified immunity from negligence claims in Washington does not extend to driving ambulances, a divided state Supreme Court held Thursday, ruling that the transportation of patients falls outside EMTs' statutory immunity for rendering emergency services.

  • October 29, 2026

    Nursing Home Says Union Too Late To Arbitrate Grievance

    A Service Employees International Union affiliate's tardiness while challenging a nursing home employee's firing barred the union's grievance from arbitration, the nursing home argued in Minnesota federal court, asking the judge to toss the union's bid to compel arbitration.

  • October 29, 2026

    Judge Rejects Extra Hurdle For Medicaid Frailty Exemption

    A Trump administration bid to create additional barriers to Medicaid eligibility was rejected Thursday by a Massachusetts federal judge, who ruled that Congress did not delegate to the executive branch the task of deciding who is too medically frail to meet work requirements.

  • October 29, 2026

    DOL Finalizes Pharmacy Benefit Manager Fee Disclosure Rule

    The U.S. Department of Labor's employee benefits arm unveiled a final rule Thursday that requires pharmacy benefit managers — which act as intermediaries between drugmakers, pharmacies and insurers — to make new disclosures on their fees and compensation to employer-sponsored group health plans.

  • October 28, 2026

    TB Outbreak In Wash. Prisons Yields $52M Damages Verdict

    Washington jurors returned a $52 million verdict in favor of 23 plaintiffs who accused the state's Department of Corrections of allowing an active tuberculosis outbreak to fester and spread to hundreds of people at its prison facilities over nearly two years.

  • October 28, 2026

    Patients Tell Colo. Justices Hospital Defied Gender Care Order

    Transgender youth patients of Children's Hospital Colorado are challenging a judge's discharge of their contempt citation against the hospital for not resuming the provision of medical gender-affirming care to them, urging Colorado's justices to decide whether the hospital complied with an injunction prohibiting it from refusing to provide the care.

  • October 28, 2026

    Cruise Co. Settles Fla. Doc's Whistleblower Suit Over Billing

    A Florida doctor said he reached a quick settlement with Norwegian Cruise Lines Holdings Ltd. one month after filing his lawsuit alleging he was fired for opposing the company's practice of overbilling passengers, the state's federal court records show.

  • October 28, 2026

    Pharma Co. Settles Workers' 401(k) Forfeiture Suit

    Boehringer Ingelheim USA Corp. and workers who accused the pharmaceutical company of misusing forfeitures from an employee 401(k) plan have settled their federal benefits dispute, parties told a Connecticut federal court Wednesday.

  • October 28, 2026

    Sanofi Settles Insulin Pen Antitrust Suit, Avoiding Trial

    Sanofi-Aventis US and a group of drug wholesalers have told a Massachusetts federal judge they have reached a settlement to resolve long-running antitrust litigation alleging that the drugmaker improperly sought to thwart competition for its single-use insulin injector pen.

  • October 28, 2026

    Celgene Defends Dismissal Of Cancer Drug Antitrust Suit

    Bristol-Myers Squibb Co. and its subsidiary Celgene Corp. urged the Second Circuit to uphold the dismissal of health plans' proposed antitrust class action alleging that the drugmaker fraudulently obtained patents for the cancer drug Pomalyst, saying it properly disclosed materials to the patent office and filed valid patent infringement lawsuits against generic-drug makers. 

  • October 28, 2026

    Nurses Union Cannot Escape Strike Dispute, Kaiser Says

    Kaiser Permanente has urged a California federal court to reject a National Nurses United affiliate's bid to toss the company's claims alleging that the union organized an unlawful strike, saying it plausibly alleged an "arbitrable dispute" over whether the union breached its collective bargaining agreement with the company.

  • October 28, 2026

    4th Circ. Judge Wary Of NC Abortion Drug Law Challenge

    A Fourth Circuit judge on Wednesday sharply questioned the attorney for a physician challenging North Carolina restrictions on the abortion medication mifepristone, citing case law he said treats federal rules as a "floor and not a ceiling" on what states can require.

  • October 27, 2026

    Mass. Hospitals Sue Lilly Over 340B Discount Data 'Extortion'

    A group of Massachusetts hospitals claim drugmaker Eli Lilly & Co. unlawfully holds hostage medication discounts meant to benefit low-income patients by demanding that hospitals hand over sensitive patient claims data or pay "exorbitant" inflated prices, according to a lawsuit filed Tuesday in Boston federal court.

  • October 27, 2026

    CVS Says Faulty Medicare Advantage Ratings Will Cost It $2B

    Insurance giant CVS Health sued the Trump administration in Georgia federal court Monday, alleging that federal quality ratings for its Medicare Advantage contracts were calculated using methods a judge rejected last year and will cost the company more than $2 billion in bonus payments and rebates in 2028.

  • October 27, 2026

    Courts Take On Lilly GLP-1 Ads, J&J Mesothelioma Trial, More

    Law360 Healthcare Authority looks at a Novo Nordisk loss in its challenge to Eli Lilly's GLP-1 advertising, an Ohio verdict in wrongful death litigation over Johnson & Johnson's talc baby powder and other legal news from the past week.

  • October 27, 2026

    Healthcare Cos. Face Tough Choices In DOJ Fraud Campaign

    A flurry of policy changes made as part of the Trump administration's anti-fraud efforts will require healthcare companies to answer complex questions around whether a violation is civil, criminal or a combination of the two.

  • October 27, 2026

    NC Health Plan, Atrium Settle Spat Over Cost-Sharing Program

    The North Carolina state health plan said on Tuesday that it will add Atrium Health to its list of in-network providers next year after a public showdown over the nonprofit health system's exclusion from the plan's new preferred provider program.

  • October 27, 2026

    3 Cases To Watch In The 340B Battles

    A program that determines prescription drug costs across the country is being hashed out in the courts. Here are three cases to watch that could have lasting effects on the program's future.

  • October 26, 2026

    Novo Can't Get 'Deceptive' Lilly GLP-1 Ads Blocked Amid Suit

    A New Jersey federal judge on Monday refused to issue an injunction blocking Eli Lilly & Co. from running ads allegedly comparing its GLP-1 drug to Novo Nordisk Inc.'s using "outdated" clinical trials and "false superiority messages," ruling that Novo Nordisk hasn't shown it would be irreparably harmed.

  • October 26, 2026

    Feds Say States Lack Standing To Sue Over HHS Vax Overhaul

    The Trump administration is again asking a California federal judge to toss a coalition of states' lawsuit challenging its decision to cut vaccine recommendations for children, arguing that the states cannot show harm that gives them standing to sue.

  • October 26, 2026

    Nomi Says HHS Shirked COVID Care Reimbursement Promise

    Utah-based Nomi Health Inc. sued the U.S. government on Friday, claiming that it failed to provide more than $200 million in promised payments for testing and vaccination services provided to uninsured Americans during the COVID-19 pandemic.

Expert Analysis

  • Abbott FCA Deal Shows Enforcement Adequacy Quandaries

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    Abbott Laboratories’ recent False Claims Act resolution illustrates several tricky questions that both prosecutors and defense counsel must address when weighing whether a civil enforcement action alone adequately addresses allegedly wrongful conduct, says James Koukios at MoFo.

  • New DNA Screening Standard Has No Clear Playbook

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    Although the government has not yet released promised guidance intended to support its new standards for screening mail-order DNA, companies should not read this as a reprieve from the Oct. 13 compliance deadline because the delay shifts enforcement risk to statutes that need no new authority, including false statements, the False Claims Act and fraud, says Ashwin Ram at Buchalter.

  • Texas Medicaid Fraud Decision Leaves 2 Open Questions

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    The Texas Supreme Court's decision in Laboratory Corp. of America Holdings v. Texas and NPT Associates, holding that the Texas Medicaid Fraud Prevention Act's omissions provision requires proof of materiality, creates ambiguity about the materiality requirement and about how Texas courts will treat federal precedent going forward, say attorneys at Sidley.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

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    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • DOJ Policy Creates New Defense For Physicians, Health Cos.

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    The U.S. Department of Justice's recently revised enforcement policy governing agency guidance makes clear that Medicare guidance is not the law, potentially giving healthcare organizations a stronger basis to challenge certain enforcement theories, says Jose Vela at Clark Hill.

  • FDA Bill Shows Risk Of Inexact Statute Text, Post-Loper Bright

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    A recent House bill to amend the Food and Drug Administration's drug preclusion framework reveals the increased importance of precision when drafting statutory rules in a post-Loper Bright landscape, as several minor errors in the text could lock in unintended results that will be difficult to repeal, say attorneys at Venable.

  • $95M Nev. Case Provides Clues On Wound Care Enforcement

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    Federal prosecutors’ recent U.S. v. Dubin indictment, charging a Nevada physician with healthcare fraud over an alleged $95 million Medicare billing scheme involving amniotic wound allografts, provides a clearer picture of an increasingly data-driven enforcement strategy that follows the entire wound care transaction, say attorneys at Bass Berry.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

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    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • FCA Ruling May Open Door To Redacting Defendants' Names

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    A recent Florida federal court decision may signal a shift from the long-prevailing view that False Claims Act defendants' identities must always be revealed when qui tam actions are unsealed, potentially providing important protection for healthcare fraud defendants who may face career consequences from unproven allegations, say attorneys at Holland & Knight.

  • New CMS Medical Device Pathway May Have Limited Effect

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    The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

  • A Road Map To Modernizing Clinical Lab Regulations

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    The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

  • 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

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    The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

  • CMS Rule, DOJ Probes Deepen Gender Care Compliance Risk

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    The Centers for Medicare & Medicaid Services' final rule restricting Medicaid funding for hospitals that provide gender-affirming care is likely to face immediate litigation, but the CMS rulemaking is already working alongside U.S. Department of Justice's enforcement campaign to create operational risk for providers, say attorneys at Arnall Golden.