Policy & Compliance
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February 19, 2026
Pharma Group Asks 1st Circ. To Ax RI's 340B Drug Price Law
A pharmaceutical trade group has urged the First Circuit to overturn a district court's order siding with a Rhode Island law that bars drug manufacturers from blocking hospitals and clinics from contracting with outside pharmacies to dispense discounted drugs under the federal 340B Discount Drug Program.
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February 19, 2026
Scientist Must Give Splenda Maker Emails With In-House Attys
A scientist battling a lawsuit by the maker of Splenda over her research linking the artificial sweetener to cancer-causing chemicals must turn over emails with her employer's in-house counsel, a North Carolina magistrate judge ruled, finding they are not protected by privilege.
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February 19, 2026
Northwell Health Should Beat Pension Plan Suit, Judge Says
Northwell Health inched closer to escaping a proposed class action alleging the hospital system hid cuts to workers' pension plans when converting to a cash-balance plan in the late 1990s, after a New York federal magistrate judge held disclosures about plan changes complied with federal benefits law.
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February 19, 2026
Harvard Docs Get Censored Articles Permanently Restored
The Trump administration agreed to maintain the court-ordered restoration of articles penned by Harvard Medical School researchers that contained references to the LGBTQ+ community after they had previously been scrubbed from a government-hosted website.
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February 18, 2026
Blue Shield Of Calif. Says 'Ghost Network' Action Falls Flat
Trouble finding a mental health care therapist is unfortunate but not something that an entire class action can be based on, argued Blue Shield of California, urging a federal judge to dismiss a suit accusing the company of maintaining a "ghost network" directory of providers who don't exist or don't accept new patients.
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February 18, 2026
Sandoz's Case Against Amgen Over Enbrel Biosimilar Tossed
A Virginia federal court found that Sandoz Inc. should have brought its claims accusing Amgen of blocking competition for Enbrel in a previous patent dispute over the blockbuster autoimmune disease treatment.
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February 18, 2026
RFK Jr.-Founded Group Seeks Role In Vaccine Lawsuit
An organization founded by Robert F. Kennedy Jr. asked a Massachusetts federal judge on Wednesday to let it join the U.S. Department of Health and Human Services secretary as a defendant in a lawsuit challenging recent changes to childhood vaccination schedules so the group can pursue counterclaims against the plaintiffs.
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February 18, 2026
J&J Unit Appeals $442M Catheter Antitrust Loss To 9th Circ.
Johnson & Johnson's Biosense Webster health tech unit urged the Ninth Circuit to overturn a California federal jury's $147 million antitrust verdict — later upped to $442 million — over the company withholding cardiac mapping support to hospitals using third-party reprocessed catheters, saying Innovative Health LLC didn't prove its allegations of unlawful tying.
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February 18, 2026
Meta Pixel Tracking Suit Tossed Over Lack Of Standing
A North Carolina federal judge has ruled that a prospective class of Nurse.com users lacked standing to sue the website's operator for Video Privacy Protection Act violations for allegedly sharing customers' information with Meta Platforms Inc. without permission.
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February 18, 2026
4th Circ. Backs Military Policy Banning HIV-Positive Enlistees
The Fourth Circuit on Wednesday upheld a U.S. Department of Defense policy that bans HIV-positive Americans from enlisting, deferring to the military's judgment that it must have healthy and fit service members who do not require consistent treatment for chronic medical conditions.
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February 18, 2026
Texas AG Says Hospital Violated Gender-Affirming Care Ban
Texas Attorney General Ken Paxton sued the Children's Health System of Texas on Wednesday, alleging it performed gender-affirming care on children through puberty blockers and cross-sex hormones despite a state law banning the treatments.
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February 18, 2026
Conn. Doctor Accused Of Taking Patient Data Must Pay $509K
An obstetrician-gynecologist must pay about $509,000 to her former practice, which is suing her for allegedly pilfering its patients and trade secrets, after a Connecticut state judge confirmed an arbitration award against her that arose from her own accusations of unpaid compensation.
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February 18, 2026
FDA Changes Mind, Will Review Moderna MRNA Flu Vaccine
Moderna on Wednesday said that the U.S. Food and Drug Administration has decided to review its application for its influenza vaccine, a week after the agency refused to consider the application for the new experimental vaccine.
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February 18, 2026
Anti-Abortion Clinics Lose Free Speech Suit Over Mass. Ads
A Massachusetts federal judge has tossed a lawsuit over a state-funded ad campaign warning consumers about potentially misleading or inaccurate information provided by a group of anti-abortion pregnancy resource centers, finding that the state hadn't prohibited the clinics from operating — and that the public officials have the same free speech rights as the clinics.
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February 17, 2026
Chancery Disallows Arbitration In No Surprises Act Cases
In a "narrow" first impression ruling, a Delaware magistrate in Chancery has rejected claims that the federal No Surprises Act provides for a narrow private right to seek the enforcement of an arbitration award in litigation over medical bills involving the act.
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February 17, 2026
Judge Rips Drugmakers' Borderline 'Disingenuous' Appeal Bid
A Connecticut federal judge has rejected generic-drug makers' request for a quick appeal of his ruling denying them summary judgment on states' claims they engaged in an "overarching conspiracy" to fix prices, slamming the request for being borderline "disingenuous," mischaracterizing his reasoning and ignoring direct evidence of alleged wrongdoing.
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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."
Expert Analysis
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Organ Transplant System Reforms Mark Regulatory Overhaul
Recent oversight, enforcement and operational developments in the U.S. organ procurement and transplantation system, alongside challenges like the federal shutdown, highlight heightened regulatory scrutiny and the need for compliance to maintain public trust, say attorneys at Hall Render.
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Federal Grantees May Soon Face More Limitations On Speech
If courts accept the administration’s new interpretation of preexisting case law, which attempts to graft onto grant recipients the existing limitations on government contractors' free speech, a more deferential standard may soon apply in determining whether an agency’s refusal or termination of a grant was in violation of the First Amendment, say attorneys at Venable.
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HHS Wound Care Report Highlights Need For Payment Reform
The U.S. Department of Health and Human Services' recent report on potential abuse in Medicare Part B payments for skin substitutes highlights specific fraud schemes, but more importantly emphasizes that broader changes are needed for the wound care sector's fundamentally flawed payment system, say attorneys at Paul Hastings.
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Assessing The Future Of The HIPAA Reproductive Health Rule
In light of a Texas federal court's recent decision to strike down a U.S. Department of Health and Human Services rule aimed to protect the privacy of patients seeking abortions and gender-affirming care, entities are at least temporarily relieved from compliance obligations, but tensions are likely to continue for the foreseeable future, says Liz Heddleston at Woods Rogers.
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DOJ's Tracing Rule For Pandemic Loan Fraud Is Untenable
In conducting investigations related to COVID-19 relief fraud, the government's assertion that loan proceeds are nonfungible and had to have been segregated from other funds is unsupported by underlying legislation, precedent or the language establishing similar federal relief programs, say Sharon McCarthy, Jay Nanavati and Lasya Ravulapati at Kostelanetz.
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New Health AI Guidance Features A Provider-Centric Approach
New guidance from the Joint Commission and Coalition for Health AI regarding the responsible use of artificial intelligence in healthcare deviates from preexisting guidance by recommending a comprehensive framework for using AI tools, focusing on healthcare provider organizations rather than on AI developers, say attorneys at Ropes & Gray.
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Mass. Ruling May Pave New Avenue To Target Subpoenas
A Massachusetts federal court’s recent decision to quash a subpoena seeking information on gender-affirming care at Boston Children’s Hospital is a significant departure from courts' deferential approach to subpoena enforcement, and may open a new pathway for practitioners challenging investigative tools in the future, say attorneys at Gibson Dunn.
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What To Expect After FDA Warnings To GLP-1 Compounders
The U.S. Food and Drug Administration's recent warning letters to companies advertising compounded versions of GLP-1 medications raise questions not just about the enforcement outlook for marketing such products, but also about the future of drug compounding as a whole, say attorneys at Spencer Fane.
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How Financial Cos. Can Prep As NYDFS Cyber Changes Loom
Financial institutions supervised by the New York State Department of Financial Services can prepare for two critical cybersecurity requirements relating to multifactor authentication and asset inventories, effective Nov. 1, by conducting gap analyses and allocating resources to high-risk assets, among other steps, say attorneys at Pillsbury.
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How Courts May Interpret Data-Driven Healthcare Fraud Suits
As the U.S. Department of Justice and other agencies increasingly turn to data mining as an enforcement tool, courts will have to determine how far data alone can take a fraud case, and sound theory, clinical expertise and institutional context will play an important role, say Jaime Jones at Sidley and Andrée-Anne Fournier and Atang Gilika at Analysis Group.
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How Gov't Shutdown Will Affect Federal Health Agencies
Federal health agencies' contingency plans indicate that many major programs will remain insulated from disruption during the ongoing government shutdown, but significant policy proposals will likely be delayed and the Trump administration's emphasis on reduction-in-force plans distinguishes this shutdown from past lapses, says Miranda Franco at Holland & Knight.
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Assessing Legal, Regulatory Hurdles Of Healthcare Offshoring
The offshoring of administrative, nonclinical functions has emerged as an increasingly attractive option for healthcare companies seeking to reduce costs, but this presents challenges in navigating the web of state restrictions on the access or storage of patient data outside the U.S., say attorneys at McDermott.
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5 Years In, COVID-19 Fraud Enforcement Landscape Is Shifting
As the government moves pandemic fraud enforcement from small-dollar individual prosecutions to high-value corporate cases, and billions of dollars remain unaccounted for, companies and defense attorneys must take steps now to prepare for the next five years of scrutiny, says attorney David Tarras.