Policy & Compliance
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March 19, 2026
Legislative Update: Cannabis And Psychedelics Bill Roundup
Virginia lawmakers last week gave final approval to legislation that would tax and regulate the sale of adult-use cannabis, Georgia legislators passed a dramatic expansion of the state's medical cannabis program, and Iowa lawmakers approved a bill to designate kratom as a Schedule I substance. Here are the major moves in cannabis and psychedelics legislation from the past week.
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March 19, 2026
11th Circ. Partially Reopens Aetna Twin Birth Coverage Fight
The Eleventh Circuit on Thursday undid Aetna's escape from a worker's coverage dispute over an extended hospital stay for her newborn twins, agreeing with the lower court that allegations failed to state a claim for violating federal benefits law but holding that an amended complaint should have been allowed.
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March 19, 2026
Calif. Families Sue Rady Health Over Move To End Trans Care
Four families have asked a state judge to prevent California's largest pediatric health system from cutting off gender-affirming care for minors, alleging the move would violate state antidiscrimination laws and leave them scrambling to find new providers, some more than 100 miles away.
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March 19, 2026
CVS, Caremark Pocket Money Meant For Rebates, Suit Claims
CVS charges drug manufacturers "exorbitant" fees in exchange for pushing their products, then pockets the money instead of funneling it toward customer rebates as it promises, a federal lawsuit alleges, accusing the company of collecting billions of dollars at customers' expense and violating the anti-racketeering statute.
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March 18, 2026
Key Details As 3rd Circ. Ponders FCA's Fate, $1.6B J&J Fine
Third Circuit judges Wednesday explored divergent views of the False Claims Act's constitutionality and a record fraud verdict against Johnson & Johnson, expressing little eagerness to gut the FCA's whistleblower mechanism, and voicing uncertainty about evidence and jury instructions underpinning the drug promotion punishment.
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March 18, 2026
SelectQuote Looks To Escape Investors' Kickback Probe Suit
SelectQuote has asked a New York federal judge to dismiss a proposed class action accusing it of harming investors by concealing a kickback scheme, which is currently the subject of a suit by the U.S. Department of Justice, arguing the existence of the government's suit is not enough to show the shareholders were damaged.
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March 18, 2026
UnitedHealth Customers Denied Class Cert. In PrEP Suit
Two UnitedHealthcare customers can't turn their Affordable Care Act lawsuit against a company subsidiary into a class action, a Minnesota federal judge ruled Wednesday, denying the pair's bid to represent thousands of customers in litigation accusing the subsidiary of failing to approve full coverage for PrEP.
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March 18, 2026
Ed. Dept. Flouting Mental Health Funding Order, States Claim
The U.S. Department of Education is flouting orders that it fund K-12 mental health grants given to public schools by only partially funding the grants and threatening to withhold remaining funds, a group of state attorneys general told a Washington federal court.
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March 18, 2026
Doctor Gets 6½ Years For Healthcare Fraud, Tax Evasion
An Anchorage, Alaska, physician was sentenced to six and a half years in prison for committing over $16 million in healthcare fraud and tax evasion as part of a scheme that injected sick patients with the wrong medications or dosages, the federal government said Wednesday.
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March 18, 2026
ADA Challenge to Oregon Psilocybin Law Can Proceed
An Oregon federal judge Tuesday rejected the state's health regulator's bid for a favorable judgment in a suit brought under federal antidiscrimination law, seeking to broaden access for homebound patients to the state's regulated psilocybin program.
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March 18, 2026
Health Litigator Rejoins Holland & Knight From In-House Role
A former Holland & Knight LLP attorney has returned to the firm in Jacksonville, Florida, after a 10-year stint in-house at Florida Blue, a subsidiary of GuideWell Mutual Holding Corp.
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March 18, 2026
FDA Can't 'Refuse To File' Tobacco Applications, Suit Says
The maker and a seller of Zone nicotine pouches are suing the U.S. Food and Drug Administration in Texas federal court, alleging the agency stalled and eventually refused to file their marketing application, despite federal law requiring the FDA to either approve or deny such applications.
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March 17, 2026
The Legal Reasoning That Put RFK's Vax Panel On Ice
The legal reasoning behind a Massachusetts court's decision to freeze major changes to national vaccine policy is simpler than you might expect.
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March 17, 2026
9th Circ. Backs Rare FCA Theory In Huge Drug Prices Program
In a novel and potentially far-reaching decision, the Ninth Circuit on Tuesday revived a major hospital chain's False Claims Act suit accusing large pharmaceutical companies of massive overcharges in a prominent drug discount program where pricing disputes are common.
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March 17, 2026
Dr. Oz Claims Florida Also Has Healthcare Fraud Problem
Dr. Mehmet Oz, the administrator for the Centers for Medicare & Medicaid Services, announced Tuesday that he is taking his efforts to combat healthcare-related fraud to Florida, where he says millions of dollars have been wasted on schemes involving durable medical equipment.
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March 17, 2026
Chaperones Alone Not Enough To Prevent Abuse, Sidley Says
A BigLaw team interviewed more than 120 witnesses as part of an investigation into failures that allowed an OB-GYN to sexually assault patients for 25 years. The report contains broader lessons on how to better protect patients.
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March 17, 2026
Ex-Database Administrator Settles OT Claim
A former database administrator who accused Express Scripts and two other companies of misclassifying him as an independent contractor reached a $30,000 deal with the entities to settle his federal law claim, the parties told a New York federal court.
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March 17, 2026
State Lawmakers Take On Practice Limits: 3 Bills To Know
Law360 Healthcare Authority looks at some of the latest moves by state lawmakers to relax practice restrictions in Florida, New York and Minnesota.
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March 17, 2026
Bipartisan Bill To Waive $100K H-1B Fee Gets AMA Backing
Medical organizations and a bipartisan group of lawmakers are backing federal legislation introduced Tuesday that would exempt physicians and other healthcare workers from the Trump administration's $100,000 fee on H-1B visas.
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March 16, 2026
1st Circ. Affirms Block Of Trump's 'Unprecedented' Aid Freeze
The First Circuit on Monday mostly upheld a lower court's order blocking the Trump administration from enacting a "sweeping and unprecedented categorical 'freeze' of federal financial assistance," ruling that the states involved in the suit will likely successfully show that the federal government acted arbitrarily and capriciously.
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March 16, 2026
Judge Tosses Kaiser Whistleblowers' Claims After $556M Deal
A California federal court on Monday officially dismissed False Claims Act lawsuits from the federal government and three people alleging that Kaiser Permanente affiliates engaged in Medicare fraud, on the heels of Kaiser's $556 million settlement reached in January.
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March 16, 2026
Mich. Jury Awards $10M To Med Resident Fired During Leave
A Michigan state jury has awarded more than $10 million to a former medical student who said she was fired from a hospital's OB-GYN residency program after being forced to take a required licensing exam while on maternity leave.
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March 16, 2026
HHS' Childhood Vaccine Policy Changes Put On Ice
A Massachusetts federal judge on Monday blocked the Trump administration's modified childhood vaccine schedule and put all decisions made by Health Secretary Robert F. Kennedy Jr.'s federal vaccine policy committee on hold, finding they veered sharply from normal procedure and likely violated the law.
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March 16, 2026
Mass. City Accused Of Bias In Mental Health 911 Response
The city of Worcester, Massachusetts, was hit with a suit Monday claiming that its 911 response is inadequate and discriminatory towards people with mental disabilities because the armed police who usually show up are ill-equipped to deal with those calls and often make matters worse.
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March 13, 2026
'Swinging Dicks' Dissent Stirs Uproar Across 9th Circ. Bench
A raunchy dissent in litigation over transgender spa patrons prompted dozens of Ninth Circuit judges to denounce the "vulgar barroom talk" of a colleague, who returned fire by ridiculing his peers for adopting the "fastidious sensibilities of a Victorian nun."
Expert Analysis
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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.
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2025 Legal Milestones That Will Shape Psychedelics Sector
As 2025 draws to a close, psychedelic drug development stands at an inflection point, experiencing unprecedented momentum through recent sweeping regulatory changes and landmark clinical milestones, amid rapidly evolving regulatory expectations, say Odette Hauke at Odette Alina LLC and Kimberly Chew at Husch Blackwell.
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2025 State AI Laws Expand Liability, Raise Insurance Risks
As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
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Learning From 2025 FCA Trends Targeting PE In Healthcare
False Claims Act enforcement trends and legislative developments from this year signal intensifying state and federal scrutiny of private equity's growing footprint in healthcare, and the urgency of compliance, says Lisa Re at Arnold & Porter.
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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation
On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.
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How MAHA Is Taking Shape At The State Level
The national spotlight on the federal government's Make America Healthy Again movement is bolstering state-level actions regarding potential health impacts of certain food ingredients, increasing the difficulty and importance of maintaining effective compliance programs, say attorneys at Cooley.
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A Look At Middlemen Fees In 340B Drug Discount Program
A U.S. Senate committee's recent hearing on the Section 340B drug discount program, along with statistical analysis of payment amounts, contribute to a growing consensus that middlemen fees are too high, say William Sarraille at the University of Maryland, and Shanyue Zeng and Rory Martin at IQVIA.
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Nursing Home Abuse Cases Face 3 Barriers That Need Reform
Recent headlines reveal persistent gaps in oversight and protection for vulnerable residents in long-term care, but prosecution of these cases is often stymied by numerous challenges that will require a comprehensive overhaul of regulatory, legal and financial structures to address, says Veronica Finkelstein at Wilmington University.