Policy & Compliance
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February 17, 2026
Oregon Racing to Block Predatory Hospice Schemes
As California's revamped laws trigger a massive crackdown on hospice fraud, Oregon lawmakers are moving to protect their residents against an influx of predatory operators. The state currently lacks robust hospice regulations, making it an attractive target for bad actors seeking a foothold as they are pushed out of neighboring markets, palliative care advocates say.
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February 17, 2026
FDA Targets 'Emotional' Ads In New Enforcement Campaign
Federal regulators' quick objection to a Novo Nordisk commercial touting its new weight loss pill as a chance to "live lighter" is designed to send a message to drugmakers and discourage them from making emotional appeals that promise patients a better life, experts say.
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February 17, 2026
Colo. Judge Allows Hospital To Pause Gender-Affirming Care
A Colorado state judge declined to reinstate gender-affirming care for transgender youth patients of Children's Hospital Colorado, ruling that ordering the hospital to resume providing the care could risk the hospital's ability to provide pediatric care to other patients.
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February 13, 2026
RFK Jr. Taps Ex-Jones Day Atty For FDA Senior Counselor
U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. has named a former Jones Day partner as one of the U.S. Food and Drug Administration's senior counselors, according to an announcement.
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February 13, 2026
States' Generic Drugs Antitrust Case Headed Toward Trial
A Connecticut federal judge has mostly refused to side with pharmaceutical companies facing states' generic drug price-fixing litigation against them, ruling that there are genuine disputes of material fact as to drug distribution chains and the states' antitrust standing and teeing up the case for trial.
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February 13, 2026
Docs Urge Judge To Block CDC's Childhood Vaccine Changes
Doctors organizations Friday urged a Massachusetts federal judge to stop the government from implementing its new, shorter list of recommended vaccines for children and prevent the next meeting of a committee they say has been tainted by anti-vaccine influence.
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February 13, 2026
Iowa AG Urges 8th Circ. To Unblock Parts Of State PBM Law
The state of Iowa urged the Eighth Circuit on Friday to lift a preliminary block on parts of a law limiting pharmacy benefit managers' power to set drug prices in the Hawkeye State, arguing a lower court judge erred in holding that parts of the policy were federally preempted.
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February 13, 2026
Breast Surgery Patients Want ERISA Class Cert. Rethink
A United Healthcare plan member asked a New Jersey federal judge to rethink her decision denying class certification in a suit alleging the insurer systematically refused to cover postmastectomy breast reconstruction claims, arguing the court overlooked evidence showing that common issues could be resolved on a classwide basis.
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February 13, 2026
FDA Removes Boxed Warnings From HRT Products
Six menopause hormone therapies will no longer have warnings on their label about heart disease, breast cancer and dementia, after the U.S. Food and Drug Administration said it removed them so that women can make decisions "free from exaggeration or fear."
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February 12, 2026
Trump Admin. Blocked From Cutting $600M In Health Funding
An Illinois federal judge on Thursday temporarily blocked the Trump administration from terminating more than $600 million in public health funding to four Democratic-led states, saying the states will likely succeed in showing they are unconstitutionally being targeted due to political or policy objectives.
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February 12, 2026
Feds Charge 2 Foreign Nationals Over $10M Healthcare Fraud
Federal officials in Chicago announced healthcare fraud charges Thursday against two natives of Pakistan who allegedly made $10 million by using fake medical companies to submit Medicare and other health benefit claims for items and services they never provided.
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February 12, 2026
DC Circ. Judge Rips Into Insurer In CMS Rating Case
A Louisiana insurer found a tough critic in one D.C. Circuit judge Thursday as it argued that the Centers for Medicare & Medicaid Services used an unfair method to assess its "star ratings" for insurance plans, with the jurist saying the company seemed like it "just wanted whatever interpretation will give you a higher score."
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February 12, 2026
Ex-Pharma Exec Fights AGs' Quick Win Bid In Antitrust Case
A former pharmaceutical marketing executive urged a Connecticut federal court to reject summary judgment sought against him by state attorneys general pursuing wider price-fixing litigation against most of the generic drug industry, arguing key cooperating witnesses' questionable credibility makes a trial necessary.
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February 12, 2026
Goodwin Expands Healthcare Team With Ex-Reed Smith Atty
A healthcare attorney specializing in guiding clients through regulatory and transactional matters has moved her practice to Goodwin Procter LLP's Philadelphia office after more than 11 years with Reed Smith LLP.
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February 11, 2026
AbbVie Sues Medicaid, HHS Over Botox Fair Price Controls
AbbVie Inc. on Wednesday asked a D.C. federal court to block the Centers for Medicare and Medicaid Services from controlling the price of Botox under the Inflation Reduction Act, arguing the cosmetic drug and migraine treatment should be excluded from the controls because it's a "plasma-derived" product.
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February 11, 2026
Ex-Lt. Col. Sues Hegseth Over Son's Benefits Denial
A former U.S. Army lieutenant colonel sued Defense Secretary Pete Hegseth and the Defense Health Agency on Wednesday, alleging his son was wrongfully denied health care coverage for continued inpatient mental health treatment, leaving in limbo more than $270,000 in costs.
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February 11, 2026
Anesthesia Group Looks To End FTC Rollup Suit
U.S. Anesthesia Partners has urged a Texas federal court to end the Federal Trade Commission's case accusing the group of buying competing practices through a so-called rollup strategy, asserting that enforcers have no evidence of any harm to competition.
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February 11, 2026
Judge Won't Review Tossed ERISA Claim In Benefits Dispute
An Ohio federal court refused Wednesday to reconsider a recent decision dismissing a woman's Employee Retirement Income Security Act claims against her husband's employer and several UnitedHealth Group Inc. companies that administered the couple's employee health benefits.
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February 11, 2026
HHS Says RFK Jr. Trans Care Policy View Not Legally Binding
Health and Human Services Secretary Robert F. Kennedy Jr.'s declaration supporting the Trump administration's move to cut funding to hospitals that provide gender-affirming care is a nonbinding policy view, his agency told an Oregon federal court, and doesn't trigger provider exclusions from federal health programs.
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February 11, 2026
Organ Donor Network Must Face Veteran's Waitlist Bias Suit
A Black veteran who alleges his kidney transplant timeline was delayed because the United Network for Organ Sharing artificially inflated his kidney function scores can proceed with his Title VI lawsuit, a Georgia federal judge ruled, denying the network's bid to have the suit tossed.
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February 11, 2026
Trans Health And Pediatric Groups Challenge FTC Subpoenas
A major transgender medical group and a pediatric healthcare organization are seeking to end what they call "unlawful" consumer protection investigations from the Federal Trade Commission that want information pertaining to the medical groups' claims made in their marketing and advertising for gender-affirming care for minors.
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February 11, 2026
Mass. AG Charges Medical Transport Co. With Billing Fraud
A nonemergency medical transportation provider and its former owner are facing criminal charges for allegedly billing Massachusetts' Medicaid program for tens of thousands of fake rides and laundering the proceeds to accounts in Uganda, according to a Wednesday announcement.
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February 11, 2026
Kaiser Will Pay $30M To End DOL Mental Health Investigations
Kaiser Permanente has agreed to fork over at least $30 million and change its practices to end multiple U.S. Department of Labor investigations into the adequacy of the healthcare organization's mental health and substance use disorder treatment networks in California, the DOL said.
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February 10, 2026
US Says Abbott Lied, Must Repay Funds Spent On Formula
Abbott Laboratories must face the federal government's lawsuit over the 2022 infant formula crisis caused by the discovery of potentially deadly bacteria in a facility that made baby formula, prosecutors told a Michigan federal court, saying the company "repeatedly lied" about the cleanliness of its plant.
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February 10, 2026
Ex-DOJ Fraud Prosecutors Launch DC White Collar Boutique
Two former U.S. Department of Justice fraud prosecutors are opening their own Washington, D.C., boutique firm to represent clients in complex fraud and white collar cases, they said Tuesday.
Expert Analysis
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What Changed For Healthcare Transaction Law In 2025
Though much of the legislation introduced last year to expand state scrutiny of healthcare transactions did not pass, investors should pay close attention to the overarching trends, which are likely to continue in this year's legislative sessions, say attorneys at Ropes & Gray.
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Expect State Noncompete Reforms, FTC Scrutiny In 2026
Employer noncompete practices are facing intensified federal scrutiny and state reforms heading into 2026, with the Federal Trade Commission pivoting to case-by-case enforcement and states continuing to tighten the rules, especially in the healthcare sector, say attorneys at DLA Piper.
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CMS 2027 Proposal Is Mixed Bag For Medicare Advantage
The Centers for Medicare and Medicaid Services' recent proposed rule for the Medicare Advantage and Part D programs gives small organizations reason for optimism, although certain elements may be inconsistent with the Centers' desire to enhance competition, says Christine Clements at Sheppard Mullin.
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3 Key Takeaways From Planned Rescheduling Of Cannabis
An executive order reviving cannabis rescheduling represents a monumental change for the industry and, while the substance will remain illegal at the federal level, introduces several benefits, including improving state-legal cannabis operators' tax treatment, lowering the industry's legal risk profile, and leaving state-regulated markets largely intact, say attorneys at Dentons.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Key Trends For Life Sciences Cos. To Watch In 2026
Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.
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The Next Pressure Point In Digital Health: Informed Consent
Two new federal digital health initiatives will usher in a new era where virtual care, software-enabled devices and home-based monitoring are integrated into care and reimbursement models, with the impact of shifting rules and opportunities felt most immediately in the context of informed consent, says Kimberly Chew at Husch Blackwell.
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4 Trends Shaping Drug And Medical Device Law For 2026
2025 saw some significant legal developments with potential impact for drug and device manufacturers, ranging from growing skepticism in science and regulatory entities to new regulation of artificial intelligence, say attorneys at Faegre Drinker.
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Preparing For Congressional Investigations In A Midterm Year
2026 will be a consequential year for congressional oversight as the upcoming midterm elections may yield bolder investigations and more aggressive state attorneys general coalitions, so companies should consider adopting risk management measures to get ahead of potential changes, say attorneys at Morgan Lewis.
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A Meaningful Shift In FDA's Biosimilarity Analysis
The U.S. Food and Drug Administration's potential pivot away from routinely requiring comparative efficacy studies for interchangeable biosimilar applications would not lower regulatory standards, but instead allow applicants to allocate resources toward establishing more probative evidence, says Theodore Thompson at Stinson.
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Top 5 Antitrust Issues For In-House Counsel To Watch In 2026
With Trump administration enforcement policy having largely taken shape last year, antitrust issues that in-house counsel should have on the radar range from scrutiny of technology-assisted pricing to the return of merger remedies, say attorneys at Squire Patton.