Policy & Compliance

  • October 02, 2026

    Teva Ruling Creates Medicare Drug 'Chaos,' Full DC Circ. Told

    The federal government asked the full D.C. Circuit on Friday to reconsider a panel ruling allowing Teva to challenge Medicare's rules for deciding which drugs qualify for price negotiations, arguing the decision invites litigation that could create drug-pricing "chaos" and cause drug prices to quickly leap by more than 550%.

  • October 02, 2026

    Pa. Justices Reject Federal Limits On Agency Deference

    Pennsylvania courts do not have to follow federal precedents that limit deference to a state agency's interpretation of unclear regulations, with a majority of the state's highest court finding Thursday that an agency interpretation can be one of multiple factors for analyzing an ambiguous regulation.

  • October 02, 2026

    Judge OKs Provider Not Telling Clients Of Deal End, For Now

    A Colorado state judge granted Friday a home personal care services company's bid to delay notifying clients of a state regulatory agency's decision to terminate its provider agreement amid an upcoming administrative appeal hearing, citing a potential care gap for the providers' clients — all of them insured by Medicaid.

  • October 02, 2026

    NY-Presbyterian Can't Nix Union Funds' Antitrust Suit

    A New York federal judge ruled three union benefit funds can pursue an antitrust suit against New York Presbyterian Hospital without first proving it holds a large market share in the city, rejecting the hospital's motion to toss the suit on Friday.

  • October 02, 2026

    Pa. Hospital Workers Sue Over Biased Time Rounding

    A patient registration worker sued the University of Pittsburgh Medical Center in federal court Friday, alleging the hospital system's timekeeping software rounds time in the company's favor, while requiring patient services staff to work off the clock before and after their shifts and during meal breaks without compensation.

  • October 02, 2026

    DOJ Envisions 'Full-Fledged Law Firm' To Combat Gov't Fraud

    The National Fraud Enforcement Division was created less than six months ago, but it is rapidly reshaping the U.S. Department of Justice and spurring an uptick in internal corporate investigations, white collar experts say.

  • October 02, 2026

    6th Circ. Blocks 100s Of Opioid MDL Cases Targeting PBMs

    The Sixth Circuit on Friday overturned a pivotal decision in multidistrict opioid litigation that had dramatically expanded claims against the nation's largest pharmacy benefit managers, saying the MDL's presiding judge "clearly abused" his authority by belatedly allowing hundreds of new cases in one fell swoop.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 02, 2026

    4 Argument Sessions Benefits Attys Should Watch In October

    Former Intel workers' bid to convince the U.S. Supreme Court to revive their suit alleging shoddy retirement plan investments tops the list of oral arguments slated for October that benefits attorneys may want to keep an eye on. Here's a look at that case and three others teed up for argument this month.

  • October 01, 2026

    Home Health Co. Seeks Pause Of Colo. Agency's Backout

    A Colorado home personal care services company exclusively serving those insured by Medicaid urged a state judge Thursday to pause a Colorado regulatory agency's decision to terminate its provider agreement, contending any transition of clients to other providers should come after an administrative court hearing later this month.

  • October 01, 2026

    AbbVie Gets Humira Antitrust Suit Trimmed, But Not Tossed

    An Illinois federal judge tossed all but one claim in a sheet metal worker health plan's putative class action against AbbVie for allegedly causing artificially inflated prices for the rheumatoid arthritis drug Humira, saying the plan sufficiently alleged AbbVie unlawfully stifled competition in the adalimumab market.

  • October 01, 2026

    NH Families Seek To Block Medicaid Ban On Youth Trans Care

    Transgender adolescents and their parents urged a New Hampshire federal court Thursday to block the Trump administration's plan to cut off Medicaid funding for minors' gender-affirming care, arguing it's unconstitutional, motivated by discriminatory animus and violates the Administrative Procedure Act.

  • October 01, 2026

    Judge Bars HHS Medicaid Cuts For Wash. Noncitizens On SSI

    A federal judge has temporarily halted the U.S. Department of Health and Human Services' attempts to cancel Medicaid benefits to noncitizens in Washington state receiving supplemental security income, finding the loss of benefits could lead to permanent disability or death.

  • October 01, 2026

    Fla. Doc Says He Opposed Cruise Co.'s Billing, Got Fired

    A doctor has brought a federal whistleblower lawsuit against Norwegian Cruise Lines Holdings Ltd. in Florida federal court, alleging he lost his job after speaking out against what he believed were fraudulent practices to overcharge passengers for medical services that weren't necessary. 

  • October 01, 2026

    Fla. AG Says Pfizer Hid COVID Vax Risks From Consumers

    Florida's attorney general sued Pfizer and its CEO on Thursday, claiming they deceptively marketed the pharmaceutical company's COVID-19 vaccines as safe despite knowing of reports of adverse events.

  • October 01, 2026

    Calif. Co. Will Pay $20M To Settle COVID Payment Claims

    Los Angeles-based medical lab Signal Diagnostics LLC agreed to pay $20.5 million to settle allegations that it unlawfully retained overpayments for COVID tests for people who had health insurance, according to federal prosecutors.

  • September 30, 2026

    Aetna Escapes Zelis Repricing Tool Antitrust Case

    A Massachusetts federal judge granted Aetna's bid Wednesday to dismiss claims against it in consolidated antitrust litigation accusing insurance companies of using Zelis Healthcare's repricing tools to reduce reimbursements paid to healthcare providers, finding an amended complaint failed to plausibly allege that Aetna used the tools.

  • September 30, 2026

    Ex-NFL Players Object To Proposed Race-Norming Settlement

    More than 100 former NFL players spoke against a proposed class action settlement over allegedly discriminatory cognitive disability assessments, telling a federal judge it threatens to release the league's benefit plans from claims raised in other litigation and deliver largely empty rescoring promises.

  • September 30, 2026

    Pharma Co. Says Mass. Plant Hid FDA Sterility Concerns

    A North Carolina pharmaceutical company says in a complaint filed Wednesday in Massachusetts state court that the company it hired to package a drug for clinical trials involving young children intentionally downplayed a U.S. Food and Drug Administration inspection that flagged multiple contamination issues.

  • September 30, 2026

    Relator Must Seek Part Of $4.7B Opioid Deal In State Courts

    A whistleblower must turn to state courts to pursue his bid for a portion of a $4.7 billion settlement between Walgreens Boots Alliance Inc. and a group of states resolving opioid-related claims against the retail pharmacy chain, an Illinois federal judge ruled.

  • September 30, 2026

    Judge Backs CMS' Contested Organ Procurement Metrics

    Federal health officials didn't violate federal law when they implemented a competitive rule that will alter how organ procurers are rated by decertifying low performers, a Florida federal judge ruled, a holding that could bring wide changes to the organ donor network. 

  • September 30, 2026

    Health Co. Wins Initial Toss Of Retirement Forfeiture Suit

    An Oregon federal judge agreed Wednesday to toss a proposed class action alleging a health company misspent forfeitures from two employee retirement plans by putting assets toward employer-side contribution obligations instead of lowering administrative costs, holding that allegations failed to state a claim for violating federal benefits law.

  • September 30, 2026

    Independence Blue Cross Will Pay $22.5M To End FCA Case

    Pennsylvania health insurer Independence Blue Cross has agreed to pay $22.5 million to resolve allegations from the federal government that the company violated the False Claims Act by submitting inaccurate and untruthful diagnosis codes for its Medicare Advantage Plan enrollees, the U.S. attorney's office in Philadelphia said Wednesday.

  • September 29, 2026

    Courts Rule On Bayer Vax IP Row, Lilly Drug Collab And More

    Law360 Healthcare Authority looks at an order allowing Bayer CropScience to pursue patent infringement suits against COVID-19 vaccine makers, a $90 million verdict for Eli Lilly in litigation with a clinical-stage biotech company, and other legal news from the past week.

  • September 29, 2026

    Cancer Patients Can't Get Class Status In Proton Beam Suit

    A Tennessee federal judge shot down a BlueCross BlueShield health plan member's bid for class certification in his suit claiming the insurer wrongfully denied coverage for a proton beam cancer treatment it deemed investigatory, stating the case would require too much individual math to assess each patient's potential damages.

Expert Analysis

  • New DNA Screening Standard Has No Clear Playbook

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    Although the government has not yet released promised guidance intended to support its new standards for screening mail-order DNA, companies should not read this as a reprieve from the Oct. 13 compliance deadline because the delay shifts enforcement risk to statutes that need no new authority, including false statements, the False Claims Act and fraud, says Ashwin Ram at Buchalter.

  • Texas Medicaid Fraud Decision Leaves 2 Open Questions

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    The Texas Supreme Court's decision in Laboratory Corp. of America Holdings v. Texas and NPT Associates, holding that the Texas Medicaid Fraud Prevention Act's omissions provision requires proof of materiality, creates ambiguity about the materiality requirement and about how Texas courts will treat federal precedent going forward, say attorneys at Sidley.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

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    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • DOJ Policy Creates New Defense For Physicians, Health Cos.

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    The U.S. Department of Justice's recently revised enforcement policy governing agency guidance makes clear that Medicare guidance is not the law, potentially giving healthcare organizations a stronger basis to challenge certain enforcement theories, says Jose Vela at Clark Hill.

  • FDA Bill Shows Risk Of Inexact Statute Text, Post-Loper Bright

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    A recent House bill to amend the Food and Drug Administration's drug preclusion framework reveals the increased importance of precision when drafting statutory rules in a post-Loper Bright landscape, as several minor errors in the text could lock in unintended results that will be difficult to repeal, say attorneys at Venable.

  • $95M Nev. Case Provides Clues On Wound Care Enforcement

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    Federal prosecutors’ recent U.S. v. Dubin indictment, charging a Nevada physician with healthcare fraud over an alleged $95 million Medicare billing scheme involving amniotic wound allografts, provides a clearer picture of an increasingly data-driven enforcement strategy that follows the entire wound care transaction, say attorneys at Bass Berry.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

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    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • FCA Ruling May Open Door To Redacting Defendants' Names

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    A recent Florida federal court decision may signal a shift from the long-prevailing view that False Claims Act defendants' identities must always be revealed when qui tam actions are unsealed, potentially providing important protection for healthcare fraud defendants who may face career consequences from unproven allegations, say attorneys at Holland & Knight.

  • New CMS Medical Device Pathway May Have Limited Effect

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    The Centers for Medicare & Medicaid Services' new pathway for giving Medicare beneficiaries earlier access to certain medical devices bears similarities to previous programs that did not advance coverage significantly, and thus may only benefit certain manufacturers, say attorneys at King & Spalding.

  • A Road Map To Modernizing Clinical Lab Regulations

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    The Centers for Medicare & Medicaid Services' recent request for comments on potential changes to the Clinical Laboratory Improvement Amendments provides an early indication of where CLIA is headed, and the operational, compliance, reimbursement and enforcement issues those changes will create, says Jose Vela at Clark Hill.

  • 2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

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    The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.

  • CMS Rule, DOJ Probes Deepen Gender Care Compliance Risk

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    The Centers for Medicare & Medicaid Services' final rule restricting Medicaid funding for hospitals that provide gender-affirming care is likely to face immediate litigation, but the CMS rulemaking is already working alongside U.S. Department of Justice's enforcement campaign to create operational risk for providers, say attorneys at Arnall Golden.

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

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    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.