Policy & Compliance
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December 08, 2025
Confluence Health Refunds $1.8M Following Wash. AG's Probe
Central Washington healthcare operator Confluence Health has refunded more than $1.8 million to low-income patients who paid for hospital care despite being eligible for financial assistance under the state's Charity Care Act, Washington Attorney General Nick Brown announced Monday.
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December 08, 2025
1st Circ. Keeps Planned Parenthood Funding Ban In Place
The First Circuit on Monday issued an administrative stay that temporarily keeps in place a ban on Medicaid funding for Planned Parenthood, pausing a lower court's ruling.
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December 08, 2025
Smith & Nephew Settles 401(k) Fee Dispute
A Massachusetts federal judge stayed a proposed federal benefits class action Monday against Smith & Nephew that accused the medical device company of imposing excessive fees on an employee 401(k) plan, after the parties told the court they had agreed to settle their dispute.
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December 08, 2025
11th Circ. Won't Pause Medicaid Rule Amid Fla. Hospital Audit
An Eleventh Circuit panel revived Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, but upheld a lower court's decision to deny the state's request for an injunction after finding it wouldn't likely succeed on the merits of its complaint.
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December 08, 2025
Hi-Tech Pharma, CEO Want New Trial In Feds' Fraud Case
A health supplement company's CEO, who was largely acquitted of federal fraud and conspiracy charges last month, asked a Georgia federal judge Friday to toss the lone conviction he faced, arguing that allowing the charge to stand "would constitute a miscarriage of justice."
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December 08, 2025
Justices Say Louisiana Law Can't Bar HIV Discrimination Suit
The U.S. Supreme Court told a Louisiana appeals court Monday that it incorrectly found that a state law protecting healthcare providers from civil liability during public health emergencies bars an HIV patient from alleging federal discrimination claims after being denied aquatherapy during the COVID-19 pandemic.
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December 08, 2025
Justices Pass On Challenge To NJ Hospital Charity Rule
The U.S. Supreme Court said Monday it won't review a New Jersey Supreme Court decision that a state requirement to treat patients regardless of the patient's ability to pay does not amount to an unconstitutional per se or regulatory taking.
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December 08, 2025
High Court Wants Feds' Input On Health Workers' Vax Fight
The U.S. Supreme Court asked Monday for the federal government's input on a group of religious workers' challenge to a pandemic-era New York state policy requiring healthcare providers to make their employees be vaccinated against COVID-19.
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December 05, 2025
Juror Who Alleged Misconduct Dismissed From Opioid Trial
A juror in Florida hospitals' $1.5 billion trial against the three major pharmacy chains over opioid dispensing was dismissed Friday after a judge found that her allegations of serious misconduct against another juror were largely unwarranted.
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December 05, 2025
9th Circ. Won't Unfreeze Trump Cuts To Student Mental Health
The Ninth Circuit rejected the Trump administration's effort to undo a lower court's pause on federal funding reductions to K-12 mental health services, siding with a coalition of 16 states seeking to preserve programs established in the wake of high-profile school shootings.
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December 05, 2025
3rd Circ. Backs NJ In-State Rule For Medical Aid In Dying
A Delaware woman with terminal cancer cannot end her life with medical assistance in New Jersey, the Third Circuit ruled Friday in a precedential opinion, finding that the Garden State residency requirement for medical aid in dying is restricted solely to New Jerseyans.
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December 05, 2025
ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.
The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.
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December 05, 2025
Justices Take On State Court Review Doctrine Case
The U.S. Supreme Court agreed on Friday to consider whether an appellate court correctly invoked the doctrine blocking federal courts from reviewing state court judgments in a case concerning an involuntary hospital commitment.
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December 05, 2025
Georgia Turns To 11th Circ. In Trans Prisoner Care Fight
The Eleventh Circuit will get a chance to weigh in on a district judge's recent decision requiring the Georgia Department of Corrections to provide hormone therapy to transgender inmates, according to a Friday filing in federal court.
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December 05, 2025
CDC Panel Ends Recommendation Of Hepatitis B Shot At Birth
A panel of federal vaccine advisers on Friday voted to lift a long-standing recommendation that all newborns be given vaccinations for hepatitis B.
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December 04, 2025
11th Circ. Blocks Fla. City's Abortion Clinic Buffer Zone Law
The Eleventh Circuit on Thursday ordered a preliminary injunction blocking a Clearwater, Florida, ordinance requiring a 5-foot buffer zone outside an abortion clinic, finding the city likely violated protesters' rights by burdening their ability to leaflet drivers.
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December 04, 2025
CDC Vaccine Committee Punts Hepatitis B Vote Again
Federal vaccine advisers on Thursday put off a vote on changing guidelines for a long-used hepatitis B vaccine for infants, delaying again a decision expected to have wide-ranging ramifications for national childhood vaccine policy in the U.S.
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December 04, 2025
Credit Bureaus Can't Duck Suit Over Excluded Medical Debt
A California federal judge has found that Equifax, Experian and TransUnion must face key parts of a rejiggered proposed antitrust class action from medical practices and collection agencies targeting the credit reporting agencies' decision to exclude medical debt under $500 from consumer credit reports.
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December 04, 2025
Mass. Justices Unlikely To Revive Verizon Tower Suit
Justices on Massachusetts' highest court appeared unlikely to second-guess a local health board's decision to drop an enforcement action against Verizon over perceived health effects from a cell tower after the telecom filed suit.
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December 04, 2025
Pharma Cos. Denied Early Win In States' Price-Fixing Suit
Twenty-six pharmaceutical companies failed to secure a quick win on overarching conspiracy claims in an antitrust case by the attorneys general of Connecticut and most other states, with a federal judge finding the "substantial bulk of evidence" points toward a broad industry scheme to fix 98 dermatology drug prices.
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December 04, 2025
$1M AAA Club Settlement Gets Final Nod In COBRA Suit
A Michigan federal judge granted final approval Thursday to a $1 million settlement an American Automobile Association club brokered with a class of workers to resolve their suit claiming they weren't notified on time that they could extend their health insurance after their benefits ended.
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December 04, 2025
Vivimed To Pay $1.9M To End Losartan Economic Loss Claims
Vivimed has agreed to pay $1.9 million to settle economic loss claims from a class of consumers and insurers related to its losartan product in sprawling multidistrict litigation over contaminated blood pressure medication, according to a Wednesday filing.
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December 04, 2025
Lawmakers Debate Higher Pay, Health Benefits For Boxers
An effort to revamp American boxing got underway on Capitol Hill on Thursday as lawmakers deliberated over legislation to provide better pay and workplace protections for fighters, with Democrats expressing concern over the potential for corruption to flourish in the sport.
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December 03, 2025
Pharmacies Want Opioid Mistrial As Deliberations Stretch On
The nation's three major pharmacy chains asked a Florida state judge Wednesday to declare a mistrial following 11 days of deliberations in a $1.5 billion case by hospitals over opioid dispensing, claiming jurors seem unaware that they are allowed to report a deadlock.
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December 03, 2025
Allstate Files RICO Suit Over Fla. Clinic's 'Exorbitant Charges'
Allstate hit a Florida medical practice and its owner with a Racketeer Influenced and Corrupt Organizations Act complaint alleging the owner ran an insurance billing scheme for pain management care in violation of permanent restrictions on his medical license.
Expert Analysis
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Courts Keep Upping Standing Ante In ERISA Healthcare Suits
As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.
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Calif. Bill May Shake Up Healthcare Investment Landscape
If signed by the governor, newly passed California legislation would significantly expand the Office of Health Care Affordability's oversight of private equity and hedge fund investments in healthcare companies and management services organizations, and raise several questions about companies' data confidentiality and filing burdens, say attorneys at Ropes & Gray.
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Pharma Copay Programs Raise Complex Economic Questions
The growing prevalence of copay accumulator and maximizer programs in the pharmaceutical industry is drawing increased scrutiny from patients, advocacy groups, lawmakers and courts, bringing complex questions about how financial responsibility for prescription drug purchases is determined and complicating damages assessments in litigation, say analysts at Analysis Group.
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When AI Denies, Insurance Bad Faith Claims May Follow
Two recent rulings from Minnesota and Kentucky federal courts signal that past statements about claims-handling practices may leave insurers using artificial intelligence programs in claims administration vulnerable to suits alleging bad faith and unfair trade practices, say attorneys at Cozen O'Connor.
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Health Insurance Kickback Cases Signal Greater Gov't Focus
A series of recent indictments by federal prosecutors in California suggests that the Eliminating Kickbacks in Recovery Act is gaining momentum as an enforcement tool against illegal inducement of patient referrals in the realm of commercial health insurance, say attorneys at BakerHostetler.
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FDA Transparency Plans Raise Investor Disclosure Red Flags
The U.S. Food and Drug Administration’s recently announced intent to publish complete response letters for unapproved drugs and devices implicates certain investor disclosure requirements under securities laws, making it necessary for life sciences and biotech companies to adopt robust controls going forward, say attorneys at Arnold & Porter.
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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Federal AI Action Plan Marks A Shift For Health And Bio Fields
The Trump administration's recent artificial intelligence action plan significantly expands federal commitments across biomedical agencies, defining a pivotal moment for attorneys and others involved in research collaborations, managing regulatory compliance and AI-related intellectual property, says Mehrin Masud-Elias at Arnold & Porter.
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Preparing For DEA Rescheduling Of 2 Research Chemicals
A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.
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9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool
The Ninth Circuit's decision last month in U.S. v. Schena, interpreting the Eliminating Kickbacks in Recovery Act to prohibit kickback conduct between the principal and individuals who do not directly interact with patients, serves as a wake-up call to the booming clinical laboratory testing industry, say attorneys at Kendall Brill.
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Fla. Misses Opportunity To Rectify Wrongful Death Damages
Florida Gov. Ron DeSantis' recent veto of a bill that would have removed certain arbitrary and unfair prohibitions on noneconomic wrongful death damages in medical negligence cases highlights the urgent need for reforms to current state law, say attorneys at Farah & Farah.
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A Shifting Trend In FDA Form 483 Disclosure Obligations
A New York federal court's Checkpoint Therapeutics decision extends a recent streak of dismissals of securities class actions alleging that pharmaceutical companies failed to disclose U.S. Food and Drug Administration Form 483 inspection reports, providing critical guidance for companies during the FDA approval process, say attorneys at Alston & Bird.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.