Policy & Compliance

  • June 01, 2026

    DOJ Says Ohio Health System Can't Duck Antitrust Case

    The U.S. Department of Justice defended its antitrust case accusing OhioHealth Corp. of blocking competition through its contracts with insurers, telling an Ohio federal court the health system is depriving consumers of lower-cost health plans.

  • June 01, 2026

    NC Biz Court Bulletin: Referee Tapped, CEO To Be Deposed

    The North Carolina Business Court rounded out May by appointing a discovery referee in a healthcare antitrust class action and ordering the deposition of a top executive in a trade secrets battle, in addition to fielding a new complaint alleging unpaid capital contributions for a captive insurance company.

  • June 01, 2026

    High Court Turns Away Health Workers' Vaccine Mandate Case

    The U.S. Supreme Court declined a bid for review Monday from workers who said a nonprofit healthcare system and Washington state violated their rights by issuing COVID-19 vaccination mandates, leaving in place a Ninth Circuit ruling that said their case didn't pass muster.

  • May 29, 2026

    Illumina Ducks DNA Sequence Rival's Antitrust Suit, For Now

    A DNA sequencing startup will have to rejigger its antitrust lawsuit against Illumina after a California federal judge said it hasn't shown that the industry giant has entered exclusive agreements and hasn't adequately asserted that Illumina priced its offerings below cost, among other failings.

  • May 29, 2026

    Hospital Already Satisfied SEIU Drug Test Award, Judge Says

    An Ohio federal judge tossed a Service Employees International Union affiliate's bid to confirm an arbitration award against a Cleveland hospital Friday, saying the hospital already complied with the award by expunging discipline from a worker's record.

  • May 29, 2026

    Ohio AG Says Cigna Can't Use Sherman Act To Ax State Case

    The Ohio attorney general has urged a federal judge not to dismiss prescription drug price-fixing claims against Express Scripts, its Cigna parent and fellow pharmacy benefit manager Prime Therapeutics, arguing the companies are trying to fight his state law antitrust claims by invoking federal law standards that do not apply.

  • May 29, 2026

    Blood Test Lab Owner Gets 4 Years For $11M Tax Evasion

    The owner of a blood-testing laboratory was sentenced to more than four years in federal prison after evading $11.2 million in taxes by using an accomplice to illegally collect Medicare reimbursements made to the company, California federal prosecutors said.

  • May 29, 2026

    Full 4th Circ. To Rethink W.Va., Md. 340B Drug Discount Laws

    The full Fourth Circuit will revisit two panel decisions that created a circuit split when they temporarily blocked a pair of state laws that barred drugmakers from prohibiting federally funded hospitals from contracting with an unlimited number of pharmacies to dispense discounted drugs in the 340B Drug Pricing Program. 

  • May 29, 2026

    UnitedHealthcare Defrauded Mass. Of $100M, AG Says

    UnitedHealthcare's "growth at all costs strategy" led the insurer's Massachusetts subsidiary to overcharge the state by more than $100 million by exaggerating the medical conditions and needs of seniors, the state's attorney general said in a Friday lawsuit.

  • May 28, 2026

    Wash. Justices Float AI Hypotheticals In Hospital Pixel Case

    As the Washington Supreme Court considered a group of parents' bid to revive their proposed privacy class action over a Seattle hospital's use of the Meta Pixel browser tracking tool on its website, the justices questioned Thursday whether the rise of artificial intelligence-powered chatbots carried implications for the case.

  • May 28, 2026

    Trans Patients Say Stanford Can't Give DOJ Medical Records

    A group of transgender adolescents who received gender-related care at a Stanford Medicine hospital urged a California federal court to order the hospital not to turn over any of their medical records in response to a criminal subpoena issued by a grand jury in Texas.

  • May 28, 2026

    UnitedHealthcare Unit Settles PrEP Coverage Fight

    A UnitedHealthcare subsidiary and two customers who alleged its failure to approve full coverage for PrEP violated the Affordable Care Act have agreed to settle their dispute, parties told a Minnesota federal court.

  • May 28, 2026

    DOJ To Speed Up Review Of Qui Tam Benefits Fraud Claims

    The U.S. Department of Justice announced that it's speeding up the agency's review of whistleblower complaints accusing contractors of defrauding state-administered benefits programs that are funded by the federal government, in violation of the False Claims Act. 

  • May 28, 2026

    9th Circ. Won't Revisit FCA Ruling Over Drug Price Program

    The Ninth Circuit has said it will not disturb its March ruling allowing a hospital chain to pursue a False Claims Act lawsuit against various pharmaceutical companies for allegedly causing the government to overpay for drugs under a discount program.

  • May 27, 2026

    Pharmacies Beat Fla. Hospitals' Opioids Suit

    A Florida state judge has handed Walmart, Walgreens and CVS a win in a fight with hospitals over treatment of opioid-addicted patients, finding the hospitals cannot recover damages under state racketeering law because their injuries are indirect.

  • May 27, 2026

    ProPublica Denied Access To Ranbaxy Antitrust MDL Docs

    A Massachusetts federal court denied ProPublica's bid to unseal court filings in settled multidistrict litigation alleging a subsidiary of Indian drugmaker Sun Pharmaceuticals illegally delayed market entry of generic drugs, ruling the nonprofit news organization's request came too late in the case.

  • May 27, 2026

    Judge Doubts Prison Bureau Claim Trans Care Isn't Banned

    A D.C. federal judge repeatedly challenged a Trump administration attorney's claims that a looming ban on gender-affirming care in federal prisons wouldn't amount to a categorical ban on hormone treatments for inmates as he weighed extending an injunction already stopping the policy from taking effect.

  • May 27, 2026

    NY-Presbyterian Says DOJ's Antitrust Case Is Misguided

    New York-Presbyterian Hospital is pushing back against claims that it blocks cheaper insurance plans through its contracts with insurers, telling a federal court that enforcers are challenging industry-standard contract terms that lower prices and guarantee patient access.

  • May 27, 2026

    US Tells Justices To Hold 'Lightning Rod' Health Ministry Case

    The U.S. Supreme Court should hold out on deciding whether a New Mexico insurance law violates the religious rights of nonprofit healthcare-sharing ministries that provide cheap, Christian-focused health insurance options while the justices decide a similar case, the U.S. solicitor general told the court. 

  • May 26, 2026

    9th Circ. Won't Revive Wash. City Workers' Vax Mandate Suit

    A Ninth Circuit panel Tuesday put an end to city workers' lawsuit challenging Bellingham, Washington's COVID-19 vaccine mandate, ruling that a lower court appropriately dismissed the action and barred the workers from amending their claims.

  • May 26, 2026

    Seattle Hospital Loses Appeal Of Dr.'s $21M Race Bias Verdict

    A Washington Court of Appeals panel Tuesday upheld a $21 million verdict against Seattle Children's Hospital in a Black ex-medical director's lawsuit claiming he faced racism in the workplace and retaliation for complaining about systemic inequities, ruling "substantial evidence" justified the jury's findings and damages award.

  • May 26, 2026

    New Suits Target DOJ Release, Loan Rule And More

    Law360 Healthcare Authority looks at new suits filed over the past week, including a $50 million suit over the U.S. Justice Department's handling of a criminal case against Maryland doctors and another challenge over the U.S. Department of Education's rule altering federal student loan eligibility.

  • May 26, 2026

    Meet The Attys For Health Orgs. Fighting Ed. Dept. Loan Caps

    A group of healthcare organizations has tapped a new law firm founded by a former Biden administration attorney to challenge a U.S. Department of Education rule that restricts student loan eligibility for some degree programs. 

  • May 26, 2026

    6th Circ. Rejects Mich. Reproductive Rights Challenge

    Abortion opponents and several parents lack standing to sue top Michigan officials, the Sixth Circuit said Tuesday, affirming dismissal of a suit challenging the state's voter approved reproductive rights amendment.

  • May 26, 2026

    9th Circ. Backs Reinstating DEI Grants Nixed By Trump

    The Ninth Circuit on Tuesday partially upheld a lower court's preliminary injunction and class certification orders in litigation from University of California researchers against President Donald Trump, backing the reinstatement of grants terminated due to presidential orders against diversity, equity and inclusion initiatives while reversing the injunction for those grants that were rescinded without explanation.

Expert Analysis

  • Court's HRSA Policy Reversal Leaves 340B Rules Murky

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    A D.C. federal court's recent decision in Premier v. U.S. Department of Health limits the Health Resources and Services Administration's ability to enforce long-standing Section 340B interpretations through subregulatory guidance, leaving open core statutory questions about purchasing models, inventory classification and program oversight, says Martha Cramer at Hooper Lundy.

  • Fresenius Ruling May Shift Anti-Kickback Enforcement

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    The Ninth Circuit's recent decision in Fresenius v. Bonta suggests that businesses have a First Amendment right to donate to certain charities, even if those donations are motivated by economic self-interest, potentially calling into question years of Anti-Kickback Statute proceedings against pharmaceutical manufacturers for making similar donations, says Jonah Knobler at Patterson Belknap.

  • The Challenge Of Stabilizing Rural Hospitals On The Brink

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    The outlook for rural hospitals has grown more concerning, as recent policy and regulatory developments are decreasing hospital revenues and increasing the cost of uncompensated care, which may result in additional hospital closures, service reductions, or mergers and acquisitions, say Omur Celmanbet, Kristy Piccinini and Sabiha Quddus at FTI Consulting.

  • Fraud Enforcement, Sentencing Face Unusual Convergence

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    The Trump administration’s newly created task force to eliminate fraud and the U.S. Sentencing Commission’s recent proposals to scale back certain elements of the federal sentencing framework seem to point in opposite directions, creating a collision of policy priorities that may reshape how fraud cases are charged, negotiated and sentenced for years to come, says David Tarras at Tarras Defense.

  • Peptide Policy Is Shifting Toward Sanctioned Compounding

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    The policy landscape for peptides is undergoing a significant shift under the Trump administration, moving toward a complex system of verified compounding and complementary enforcement that will likely bring peptides firmly back into the sphere of legitimate consumer products, say attorneys at Sheppard.

  • Trump Order Signals Tougher Benefits Fraud Probes

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    A recent order from President Donald Trump establishing a federal taskforce for addressing fraud in federally funded benefit programs emphasizes interagency information sharing, potentially affecting a broad range of areas including government contracts, administrative law considerations and False Claims Act cases, say attorneys at Morgan Lewis.

  • The Evolution Of States' Workplace Violence Prevention Laws

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    Utah's new law requiring hospitals to implement comprehensive workplace violence reporting systems continues a broader trend of state efforts to expand workplace protections in the absence of sufficient federal regulations, say attorneys at Ogletree.

  • FDA Guidance May Move Goalposts For Form 483 Responses

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    New draft guidance from the U.S. Food and Drug Administration provides formal insight on how drug manufacturers are expected to respond to Form 483s, raising some concerns about the agency's timelines and expectations, say attorneys at Cooley.

  • 2 Strands Of Patent Law In High Court's 'Skinny Label' Case

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    Amarin v. Hikma, which is set for oral argument in the U.S. Supreme Court this month, highlights the distinction between two different strands of intellectual property law — analogizing a patent to either a property deed or a home, says Jonas McDavit at Spencer West.

  • A Check-Up On HHS' Push To Implement AI Infrastructure

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    The U.S. Department of Health and Human Services has made some headway in its efforts to implement artificial intelligence across its agencies, but will have to overcome a number of near-term tests in order to be successful, says Theodore Thompson at Stinson.

  • Mich. Banking Brief: All The Notable Legal Updates In Q1

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    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • The Road Ahead For Drug Development In The US

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    Against the backdrop of drug manufacturers potentially looking to move development efforts overseas, the U.S. Food and Drug Administration's latest guidance on new approach methodologies signals the FDA is likely to be receptive to industry innovation that makes U.S.-based drug development faster or less expensive, creating opportunities and compliance risks for tech companies, say attorneys at Morgan Lewis.

  • FDA's Crackdown On Drug Ads Conflicts With Precedent

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    Recent U.S. Food and Drug Administration warning letters to drug manufacturers targeting direct-to-consumer advertising raise significant constitutional concerns, and directly clash with prior FDA stances, say attorneys at Sidley.