Policy & Compliance

  • March 06, 2026

    Mass. Judge Told Vax Committee Must Be Fairly Balanced

    A key federal vaccine committee remains subject to statutory requirements that its membership be fairly balanced, a Massachusetts federal judge heard from both U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. and medical organizations challenging his overhaul of the group.

  • March 06, 2026

    Dentist Says She Was Fired For Exposing Medicaid Fraud

    A dentist filed suit against several West Michigan dental practices and a dental management company, claiming she was fired after reporting that the clinics billed Medicaid for dental procedures that were never performed.

  • March 05, 2026

    Telehealth Co. Swaps In Gordon Rees In Novo's GLP-1 Fight

    A telehealth platform facing allegations from Novo Nordisk that it falsely advertised Ozempic alternatives has picked new counsel in the dispute, withdrawing attorneys from Foley & Lardner LLP and Miller Nash LLP and substituting in two lawyers from Gordon Rees Scully Mansukhani LLP.

  • March 05, 2026

    Pharma Co. Investors Secure Class Cert. Over FDA Obstacles

    A Pennsylvania federal judge has granted certification to a group of Verrica Pharmaceuticals Inc. investors who claim the company defrauded them by hiding obstacles it faced in obtaining approval from the U.S. Food and Drug Administration for its lead product, though she made a slight change to the class definition to avoid what she called a "heads I win, tails you lose strategy."

  • March 05, 2026

    9th Circ. Denies Bail Pending Nurse Wage-Fixing Appeal

    A Ninth Circuit panel summarily refused to allow a Las Vegas home nursing executive to avoid prison while appealing the U.S. Department of Justice's first-ever criminal wage-fixing conviction.

  • March 05, 2026

    9th Circ. Judge 'Frustrated' At DOJ Position On Anti-Trans EOs

    A Ninth Circuit judge said Thursday he's "very frustrated" with the Trump administration's argument that a district court judge acted prematurely by partly blocking executive orders to end funding for gender-affirming care, saying it's "pretty clear" the government was poised to do exactly that.

  • March 05, 2026

    BCBS Can't Nix NC Plan Member From Cancer Treatment Row

    A North Carolina federal judge ruled a Blue Cross Blue Shield unit must face proposed class action claims over its administration of a state employee health plan from a participant alleging it arbitrarily characterized a proton beam cancer radiation treatment as experimental to deny coverage.

  • March 05, 2026

    Perez Morris Taps Ex-Post & Schell Atty To Lead Philly Office

    Seven years after expanding into Philadelphia, Perez Morris has brought in a former Post & Schell PC principal and seasoned healthcare litigator to lead the office as its first partner-in-charge.

  • March 05, 2026

    ERISA Recap: 6 Developments To Remember From Feb.

    The Second Circuit refused to boot a former Luxottica worker's proposed class claims into solo arbitration, a Texas federal judge declined to snuff out a tobacco fee suit against 7-Eleven and a healthcare company inked a $43 million deal to wrap a case over how it handled 401(k) plan forfeitures. Here's a look back at six noteworthy moves in Employee Retirement Income Security Act cases from last month.

  • March 05, 2026

    Fla. Lab Pays $980K To Settle Kickback Allegations

    A laboratory in Florida agreed to pay $980,000 to resolve allegations that it provided kickbacks to marketers for referring Medicare beneficiaries to use its services, according to a Thursday statement from the U.S. Department of Justice.

  • March 04, 2026

    CVS Beats Antitrust Suit Over 340B Drug Program, For Good

    CVS Health Corp. permanently defeated a proposed antitrust class action alleging it forced hospitals in a discount drug program to use its third-party administrator for savings, when a Pennsylvania federal judge ruled Tuesday that hospitals aren't required to contract with CVS and can pick Walgreens or other participating pharmacies to contract with.

  • March 04, 2026

    DC Judge Strikes Down 340B Drug Discount Registration Rule

    The U.S. Health Resources and Services Administration cannot reinstate a pre-pandemic policy requiring covered hospitals' offsite facilities to register with the agency in order to access discounted drugs under the 340B program, a D.C. federal judge ruled.

  • March 04, 2026

    Fla. Hospital, EMT Beat Suit Over Unauthorized Trauma Photo

    A Miami-area hospital and one of its emergency medical technicians didn't intentionally inflict emotional distress or violate the privacy of the father of a gravely injured motorcycle crash patient when an EMT posted a photo of the motorcyclist's injured leg to Instagram, a Florida appeals panel ruled Wednesday. 

  • March 04, 2026

    6th Circ. Backs Tenn. Med School In FMLA Retaliation Suit

    A former medical resident cannot revive his lawsuit claiming a Tennessee medical school suspended him for taking leave under the Family and Medical Leave Act, the Sixth Circuit ruled this week, finding he failed to show the school's explanation for the discipline was a pretext for retaliation.

  • March 04, 2026

    NY Bill Would Expand Liability For Chatbot Operators

    A bill in the New York State Senate that would impose liability on the owners and operators of artificial intelligence-powered chatbots that give advice reserved for licensed professionals like lawyers and doctors could reshape how some legal tech entities engage with consumers in the Empire State.

  • March 04, 2026

    House Panel Tussles Over Minnesota Medicaid Fraud Claims

    The public political battle between Minnesota and the federal government over alleged Medicaid fraud in the state continued Wednesday on Capitol Hill, with Republicans and Democrats casting stones at each other after President Donald Trump's administration pulled nearly $260 million in healthcare funding from the state.

  • March 04, 2026

    7th. Circ. Upholds Healthcare Co.'s Win In FMLA Suit

    The Seventh Circuit affirmed a healthcare company's win in a former human resources specialist's Family and Medical Leave Act suit, holding that the health system lawfully terminated her for failing to return to work once her approved leave expired.

  • March 03, 2026

    BioAge Investors Lose Last Bid At Obesity Drug-Linked Suit

    Biopharmaceutical company BioAge Labs Inc. has escaped a suit accusing it of damaging investors by unexpectedly halting a clinical trial for a weight loss drug, with a California federal judge finding that the court already dismissed the claim that BioAge's risk disclosures were lacking.

  • March 03, 2026

    Inova Defeats Nurses' COVID Vax Bias Suits At 4th Circ.

    The Fourth Circuit refused Tuesday to revive suits from nurse anesthetists who said they faced religious and disability discrimination when they were fired for refusing to get vaccinated against COVID-19, ruling that nonprofit healthcare provider Inova wasn't their employer.

  • March 03, 2026

    Death From Stem Cell Treatment For ALS Draws $24M Verdict

    A Washington state jury awarded $24 million to the family of a patient who died just two days after what his family members described as a "worthless" spinal cord procedure to treat his ALS at a Seattle stem cell clinic.

  • March 03, 2026

    Ex-FDA Leaders Rebut Contraception Rollbacks At 3rd Circ.

    Former FDA commissioners argued that Trump-era religious exemptions for birth control coverage jeopardize public health and distort medical science, in an animus brief filed Monday with the Third Circuit.

  • March 03, 2026

    NC Doctor's Bid For New Trial Is Too Late, Judge Says

    A North Carolina federal judge has refused to order a new trial for a doctor convicted of participating in an $11 million Medicare fraud scheme, finding that because the motion did not contain new evidence, the deadline to request another trial has passed.

  • March 03, 2026

    Elevance Sanction Adds To Medicare Advantage Troubles

    Amid slowing enrollment rates and rising enforcement interest in private Medicare plans, insurer Elevance Health is being barred from signing up new patients to some prescription drug plans. It's not the only bad news for Elevance or the MA market.

  • March 03, 2026

    Florida Man Pleads Guilty In $24M HIV Drugs Fraud Scheme

    The owner of a marketing company in Florida has pled guilty to receiving kickbacks as part of a $24 million scheme to sign up Medicare and Medicaid beneficiaries for HIV prophylactic medications they did not need.

  • March 03, 2026

    Wells Fargo Escapes Ex-Workers' Prescription Cost Suit

    Former Wells Fargo workers on the employer healthcare plan failed to show that the company violated federal benefits law by allowing them to overpay for prescription drugs, a Minnesota federal judge found Tuesday, tossing the proposed class action.

Expert Analysis

  • Prison Body Cams Raise Health Privacy Compliance Issues

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    The increasing use of prison staff body cameras to enhance transparency and safety presents correctional healthcare partners with new risk management questions where they must carefully reconcile the benefits of surveillance with the imperative to protect patient privacy, say attorneys at Gordon Rees.

  • Employer Considerations After 11th Circ. Gender Care Ruling

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    The Eleventh Circuit's en banc decision in Lange v. Houston County, Georgia, finding that a health plan did not violate Title VII by excluding coverage for gender-affirming care, shows that plans must be increasingly cognizant of federal and state liability as states pass varying mandates, say attorneys at Miller & Chevalier.

  • How Healthcare Practices Can Prepare For ICE Visits

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    Healthcare providers that may face encounters with immigration enforcement should familiarize themselves with compliance obligations beyond ensuring employment authorization, and mitigate risk by establishing clear policies and specific procedures that safeguard patient rights and manage staff interactions with agents, say attorneys at Roetzel & Andress.

  • Adapting To Calif.'s Enhanced Regulation Of PE In Healthcare

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    New California legislation enhances oversight on the role of private equity groups and hedge funds in healthcare transactions, featuring both a highly targeted nature and vague language that will require organizations to carefully evaluate existing practices, says Andrew Demetriou at Husch Blackwell.

  • Lessons From 7th Circ. Decision Affirming $183M FCA Verdict

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    The Seventh Circuit's decision to uphold a $183 million False Claims Act award against Eli Lilly engages substantively with recurring materiality and scienter questions and provides insights into appellate review of complex trial court judgments, say Ellen London at London & Naor, Li Yu at Bernstein Litowitz and Kimberly Friday at Osborn Maledon.

  • Calif. Justices Continued Anti-Arbitration Trend This Term

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    In the 2024-2025 term, the California Supreme Court justices continued to narrow arbitration's reach under state law, despite state courts' extreme caseload backlog and even as they embraced contractual autonomy in other contexts, says Josephine Petrick at The Norton Law Firm.

  • Steps For Healthcare Providers After Cigna ERISA Settlement

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    Following the Cigna class action's settlement, where Employee Retirement Income Security Act violations arose from Cigna's online provider directory advertising providers as in-network who were actually out-of-network, providers should routinely audit their contract status and directory listings, and proactively coordinate with plans and payor partners, say attorneys at ArentFox Schiff.

  • What's New In FDA's Latest Cell And Gene Therapy Guidance

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    New draft guidance from the U.S. Food and Drug Administration, along with other recent initiatives, come together to promote cell and gene therapy product development by streamlining development and review pathways, say attorneys at Holland & Knight.

  • Adapting To Enforcement Focus On Wound Care Fraud

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    As federal agencies target wound care industry fraud as a top enforcement priority, attorneys advising industry stakeholders should evaluate business relationships for Anti-Kickback Statute violations, emphasize appropriate product use and documentation, and use internal data analytics to monitor billing patterns, say David Tarras at Tarras Defense and Jay McCormack at Verrill Dana.

  • AG Watch: Illinois A Key Player In State-Level Enforcement

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    Illinois Attorney General Kwame Raoul has systematically strengthened his office to fill federal enforcement gaps, oppose Trump administration mandates and advance state policy objectives, particularly by aggressively pursuing labor-related issues, say attorneys at Troutman.

  • Organ Transplant System Reforms Mark Regulatory Overhaul

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    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.

  • Federal Grantees May Soon Face More Limitations On Speech

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    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.

  • HHS Wound Care Report Highlights Need For Payment Reform

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    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.