Policy & Compliance
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April 03, 2026
Northwestern Can't Escape ERISA Fight Over Health Offerings
An Illinois federal court refused to toss a proposed class action against Northwestern University alleging excessive employee healthcare costs violated federal benefits law, concluding ex-workers had sufficiently backed up their allegations that an expensive plan option breached fiduciary duties.
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April 03, 2026
Law360 Announces The Members Of Its 2026 Editorial Boards
Law360 is pleased to announce the formation of its 2026 Editorial Advisory Boards.
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April 03, 2026
Ga. Urology Network To Pay $14M To Resolve FCA Case
An Atlanta urology network and its founder will pay $14 million to settle allegations that they billed Medicare and Medicaid for medically unnecessary procedures, ranging from ultrasounds to endoscopic exams, according to an announcement by federal and Georgia state prosecutors.
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April 03, 2026
Aetna Escapes COVID Testing Payment Suit In Calif.
A Nebraska testing laboratory failed to prove that Aetna underpaid more than $53 million for COVID-19 testing services, a California federal judge has ruled, dismissing the lab's federal racketeering and state law claims against the insurer but leaving the door open to an amended suit.
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April 03, 2026
4 Argument Sessions Benefits Attys Should Watch In April
Cigna retirees will ask the Second Circuit to revive a 24-year-old pension dispute, and the Seventh Circuit will hear a company's withdrawal liability fight with the Teamsters. Here, Law360 looks at those and two other argument sessions that benefits attorneys should have on their radar.
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April 02, 2026
Georgia Midwifery Laws Violate State Constitution, Suit Says
A trio of midwives are challenging Georgia laws that restrict their ability to practice, arguing that the statutes exacerbate an ongoing maternal health crisis and conflict with the Peach State's constitution.
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April 02, 2026
Chamber Urges 1st Circ. To Affirm Toss Of Tobacco Fee Suit
A Rhode Island federal judge got it right when she tossed a proposed class action alleging that workers who completed a smoking cessation program are entitled to refunds of surcharges to their health insurance premiums, the U.S. Chamber of Commerce told the First Circuit.
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April 02, 2026
Teva $35M Delayed Generic Inhalers Deal Gets Initial OK
A Massachusetts federal judge Thursday granted initial approval to a $35 million deal that Teva Pharmaceuticals agreed to pay to resolve claims from a coalition of union healthcare funds that say the company schemed to delay generic competition for its QVAR asthma inhalers.
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April 01, 2026
Novo Nordisk Unit Says Ex-Exec's Poor Work Dooms Bias Suit
By the time she was fired, a finance director of Novo Nordisk unit NNE Inc. had been falling short of company expectations while the pharmaceutical giant was preparing to get a multibillion-dollar drug facility off the ground, NNE's counsel told a North Carolina federal court Wednesday.
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April 01, 2026
11th Circ. Backs Order To Fix Fla. System For Disabled Kids
The Eleventh Circuit upheld an injunction finding Florida's institutionalization of children with complex medical conditions violated the Americans with Disabilities Act, ruling in a split opinion that a lower court mostly didn't abuse its discretion with ordering reforms.
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April 01, 2026
DOL, HHS Must Face Unions' Claims In DOGE Data Suit
The U.S. Departments of Labor and Health and Human Services must continue facing claims that they illegally gave Elon Musk's Department of Government Efficiency access to employee records, as a D.C. federal judge denied the agencies' bid to escape the union-brought allegations before the trial phase.
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April 01, 2026
Harvard Researcher Can Get Docs On Prosecution Motives
A Massachusetts federal judge ruled Wednesday that a Harvard Medical School researcher and Russian national charged with smuggling frog embryo specimens can see emails and other documents regarding the government's decision to prosecute her, citing evidence the case was "vindictive."
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April 01, 2026
NJ Hospital Workers Win Collective Cert. In OT, Break Suit
A New Jersey healthcare network must face overtime claims on a collective basis, a federal judge ruled, saying a former employee adequately backed up allegations that the network had companywide policies under which it automatically deducted time for meal breaks that weren't taken and left bonuses out of overtime calculations.
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April 01, 2026
Sentara Health Strikes $1.5M Deal In Stable Value Fund Suit
Virginia-based healthcare system Sentara Health will pay $1.5 million to settle a class action claiming it failed to remove an underperforming investment fund from its employee retirement plan, according to federal court filings.
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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.
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.