Policy & Compliance

  • 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injunction blocking Eli Lilly & Co. from running ads allegedly comparing its GLP-1 drug to Novo Nordisk Inc.'s using "outdated" clinical trials and "false superiority messages," ruling that Novo Nordisk hasn't shown it would be irreparably harmed.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.

  • October 26, 2026

    Mich. Panel Backs $9.7M Negligence Verdict Against Hospital

    A Michigan appeals court declined to upend a hospital's share of a $9.7 million jury verdict for administrative negligence in its care for a woman who died while receiving emergency treatment for complications following an abdominoplasty, or "tummy tuck" procedure.

  • October 26, 2026

    Radiology Co. Strikes Deal In ESOP Fight Ahead Of Trial

    Radiology company Envision and its trustee have settled a class action claiming they brokered an inflated $163.7 million stock sale to the business' employee stock ownership plan, staving off a bench trial that was days away from kicking off, according to a Colorado federal court filing.

  • October 23, 2026

    Eli Lilly, Novo Nordisk Antitrust Suit Remains Dismissed

    A Texas federal judge has denied Strive Specialties Inc.'s bid to undo her judgment dismissing the compounding pharmacy's lawsuit that accuses Eli Lilly and Novo Nordisk of blocking competition for GLP-1 medications, saying Strive's claim that the court committed a manifest legal error was based on the company's own misunderstanding.

  • October 23, 2026

    Generics MDL Judge Won't Extend Pause Over Conflict

    A Pennsylvania federal judge refused Friday to extend a pause on the generic-drug price-fixing multidistrict litigation, eyeing setting a new trial date for the first bellwether case initially paused by a conflict with a special master that the drugmakers say now covers "the entire MDL."

  • October 23, 2026

    NC Asks 4th Circ. To Undo Atty Fees In Prison Trans Care Row

    North Carolina urged the Fourth Circuit on Friday to reverse over half a million dollars in legal fees awarded to a formerly incarcerated transgender woman alleging she was wrongly denied gender-affirming surgery at a state prison, arguing the award defies U.S. Supreme Court precedent.

  • October 23, 2026

    More Info Needed To Back Up Conduent $80M Breach Deal

    A New Jersey federal judge said a bid for preliminary approval of an $80 million settlement between data breach victims and Conduent Business Services LLC lacks the case-specific materials needed to evaluate the deal's fairness.

  • October 22, 2026

    Gilead Reaches $45M Settlement To End Kickback Claims

    The Texas Office of the Attorney General on Thursday announced that pharmaceutical company Gilead Sciences Inc. signed off on a $45 million settlement to end claims that the company ran an illegal kickback scheme in order to get prescribers to favor its medications.

  • October 22, 2026

    J&J Says Justices' Denial Backs Tossing Fee Suit At 3rd Circ.

    Johnson & Johnson told the Third Circuit Thursday that the U.S. Supreme Court's recent decision not to take up a group of executives' federal benefits dispute backed its position in an appeal from J&J workers who alleged their health plans were saddled with excessive prescription drug fees.

  • October 22, 2026

    CMS Hit With Another Broker Suit Over ACA Registration Bar

    The Centers for Medicare & Medicaid Services has been hit with another suit by health insurance brokers alleging the agency is unlawfully blocking them from registering to help individuals find Affordable Care Act marketplace coverage for plan year 2027.

  • October 22, 2026

    'Substantially Impaired' Main Topic Of Medicaid Rule Hearing

    A Massachusetts federal judge pressed the Trump administration Thursday on its argument that Congress intentionally left it with the task of defining who is considered too medically frail to comply with Medicaid work requirements set to take effect in January.

  • October 22, 2026

    Shriners Hospital System Escapes Race Bias Suit

    Shriners Hospitals for Children escaped a suit from a Black and Korean ex-employee who said she faced mistreatment for complaining that she was being held to a higher standard than other workers, with an Illinois federal judge finding a reprimand she received didn't qualify as harassment.

  • October 22, 2026

    ​​DOJ Accuses Ohio State Med School Of Race Discrimination

    The Ohio State University College of Medicine gave a leg up to Black and Hispanic student applicants in violation of civil rights law, the U.S. Department of Justice claimed, alleging the school crafted admissions policies that discounted students' academic achievements.

  • October 21, 2026

    Ill. Judge Questions Bid To Block 340B Drug Discount Law

    An Illinois federal judge seemed hesitant Wednesday to halt a state law barring drugmakers from trying to impose restrictions on pharmacies under contract with a federal drug pricing discount program, saying the state seems to be maximizing public health in an area the statute doesn't address.

  • October 21, 2026

    High Court Lets Block On Prison Gender Care Ban Stand

    The U.S. Supreme Court on Wednesday allowed federal prisons to continue to offer gender transition medical services to incarcerated people.

  • October 20, 2026

    Feds Offer Up-Front Payments For Fraud Whistleblower Tips

    The U.S. Department of Justice on Tuesday announced the creation of a whistleblower incentive program offering up-front monetary awards for tips that lead to criminal fraud charges.

  • October 20, 2026

    Medical Device Co. Beats Investors' Alleged Demand Drop Suit

    A New York federal judge has dismissed a proposed shareholder class action alleging medical device maker Integer Holdings Corp. hid plummeting demand for cardiac devices and misled investors about its overall growth, concluding that the allegations do not suggest its disclosures in 2024 and 2025 were untrue or deceptive.

Expert Analysis

  • 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.

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

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    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.