Policy & Compliance

  • June 10, 2025

    Ga. Justices Consider Tolling In Tongue Amputation Case

    The Georgia Supreme Court on Tuesday considered whether the state's two-year statute of limitations applies to a lawsuit against Regency Hospital Co. and one of its nurses over claims that they neglected an allegedly incapacitated patient to the point that her tongue had to be amputated. 

  • June 10, 2025

    IT Co. Urges 1st Circ. To Affirm It's Blameless For Data Breach

    An information security technology company urged the First Circuit on Tuesday to affirm that it isn't liable for a 2018 data breach that exposed confidential information of more than 277,000 of the medical device maker's patients, arguing that the insurer assignee of the device maker had no valid points.

  • June 10, 2025

    Amazon Can't Duck Suit Over Non-FDA Approved Supplements

    Amazon must face a proposed class action alleging it sells non-FDA approved supplements touting health-related claims without mandatory disclaimers, after a Washington federal judge rejected the company's argument the plaintiffs lack standing to pursue claims over supplements they never bought, finding the plaintiffs allege a uniform, systematic marketing practice.

  • June 10, 2025

    Ala. Judge Orders Trans Health Org. To Publish Training Vids

    In a case challenging Alabama's ban on gender-affirming care for youths, a federal judge this week ordered a trans health organization to publish video recordings of the group's conferences and a medical training course, after the group had sought to protect the content's confidentiality. 

  • June 10, 2025

    9th Circ. Skeptical Oregon Hospital Merger Law Is Too Vague

    A Ninth Circuit panel on Monday appeared skeptical of a hospital association's challenge to an Oregon law that grants a state agency broad power to block proposed healthcare consolidations to ensure equitable access to healthcare, with two of the three judges questioning whether federal law could limit the state's authority.

  • June 10, 2025

    Attys Field Provider Fears, Queries On CMS Trans Care Probe

    A new federal push to obtain a broad swath of clinical and financial data from hospitals providing gender-affirming care is triggering a wave of concerns that the Trump administration's enforcement approach will have a chilling effect on care delivery.

  • June 10, 2025

    Pandemic Law Doesn't Protect Mich. Hospital In Bedsore Case

    A Michigan appellate court has revived a lawsuit filed by the estate of an 88-year-old woman who died after developing a bedsore during the COVID-19 pandemic, finding that a state law shielding hospitals from pandemic liability didn't apply because the woman wasn't treated for the virus.

  • June 10, 2025

    A Federal Preemption Target On State Medical Debt Laws

    The Trump administration changes course on medical debt reporting, putting a new target on a slate of state laws that protect patients from some of the impacts of unpaid medical bills.

  • June 09, 2025

    RFK Jr. Fires CDC's Entire 17-Member Vaccine Advisory Panel

    The U.S. Department of Health and Human Services announced Monday that Secretary Robert F. Kennedy Jr. removed every member of the committee that provides advice and guidance on the use of vaccines to the Centers for Disease Control and Prevention, pledging to replace them with his preferred picks.

  • June 09, 2025

    Trump Orders Targeting DEI, LGBTQ+ Funding Partly Blocked

    A California federal judge Monday blocked portions of President Donald Trump's executive orders targeting diversity and inclusion policies and programs serving the LGBTQ+ community, saying a group of nonprofits is likely to succeed in showing that stripping their federal funding violates their constitutional rights.

  • June 09, 2025

    Gov't Seeks $706M Penalty In FCA Case Against Omnicare, CVS

    The government asked a New York federal judge to impose a collective $706 million in civil penalties on Omnicare Inc. and its parent, CVS Health Corp., after a jury found that they submitted millions of false billing claims for healthcare programs.

  • June 09, 2025

    2nd Circ. Nixes Doc's Power Of Atty Deal In Patient ERISA Suit

    The Second Circuit ruled Monday that a doctor couldn't use a power-of-attorney arrangement to sue on behalf of a patient who said their union's health plan illegally stuck them with a $150,000 medical bill, but directed a trial court to determine if the patient can pursue the case.

  • June 09, 2025

    5th Amendment Can't Shield Ex-Exec, Drugmakers Argue

    Generic-drug makers urged Connecticut and Pennsylvania courts to compel a former executive to sit for a deposition in ongoing price-fixing litigation despite his invocation of the Fifth Amendment, arguing his testimony is crucial to their defense.

  • June 09, 2025

    Sheppard Mullin Adds Perkins Coie IP Trio In DC, Chicago

    Three Perkins Coie LLP intellectual property partners with deep experience representing clients in the pharmaceutical, biotechnology and related industries have jumped to Sheppard Mullin Richter & Hampton LLP.

  • June 09, 2025

    Hawaii Gov. Vetoes Medical Marijuana Bill Over Privacy Concerns

    Hawaii Gov. Josh Green has vetoed a bill modifying the state's medical marijuana program, saying that it would have impinged the privacy rights of the Aloha State's medical cannabis patients.

  • June 09, 2025

    Worker Says NYC Hospital Network, Co. Skimped On Wages

    NYC Health and Hospitals and a staffing company failed to pay the entirety of wages to employees who worked at emergency response and relief centers where asylum seekers would stay, a former operational site lead said in a suit in New York federal court.

  • June 06, 2025

    J&J Unit's $147M Catheter Antitrust Loss Tripled To $442M

    Johnson & Johnson health tech unit Biosense Webster's bill in an antitrust trial was upped from $147 million to $442 million after a California federal jury found it stifled competition by conditioning the provision of cardiac mapping services on purchases of cardiac catheters.

  • June 06, 2025

    Texas AG Says Trans Care Investigation Is Lawful

    The Texas Attorney General's Office told the state's Supreme Court that a lower court went too far by blocking an investigation into an LGBTQ+ advocacy organization that allegedly had knowledge about outside parties performing gender-affirming care on minors, saying the court undermined the AG's investigative authority.

  • June 06, 2025

    Fla. Medical Billing Co. Accused Of Filing False Genetic Tests

    The U.S. government has filed a False Claims Act suit against a Florida medical billing and compliance services company for allegedly filing claims to Medicare for more than $15 million in medically unnecessary genetic laboratory tests.

  • June 05, 2025

    Red States Double Down On Bid To Stymie Trans Health Rule

    More than a dozen Republican attorneys general challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act said the U.S. Department of Health and Human Services can't keep the rule on the books just because the new administration is unlikely to enforce it.

  • June 05, 2025

    Sens. Float Automatic Biosimilar Interchangeable Label

    A bipartisan group of U.S. senators has reintroduced legislation that would reduce what the lawmakers called barriers to accessing lower-cost versions of biologic drugs, making an adjustment to how biosimilars are deemed interchangeable with their name-brand equivalents.

  • June 05, 2025

    $1.36B Home Healthcare Deal Dropped Amid FTC Scrutiny

    Healthcare solutions company Owens & Minor said Thursday that it's abandoning its $1.36 billion plan to buy home-based care business Rotech Healthcare Holdings after the Federal Trade Commission's scrutiny proved too much to bear.

  • June 05, 2025

    4 AGs Urge FDA To Lift Abortion Pill Restrictions

    Attorneys general from California, Massachusetts, New York and New Jersey on Thursday urged the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying they aren't necessary under statutory requirements for an FDA drug safety program.

  • June 05, 2025

    Mich. AG Asks Judge To Block Abortion Coercion Screening

    Michigan's attorney general has asked a judge to strike down a state-law requirement that abortion patients be evaluated for coercion, after the judge upheld the screening while permanently blocking other abortion regulations last month.

  • June 05, 2025

    Ex-Bush Admin Atty To Lead HHS Civil Rights Office

    The U.S. Department of Health and Human Services has appointed an attorney to lead its civil rights office who brings more than 30 years of experience across the public sector and private practice, including as counsel for HHS during the George W. Bush administration.

Expert Analysis

  • What Parity Rule Freeze Means For Plan Sponsors

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    In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.

  • CMS Guidance May Complicate Drug Pricing, Trigger Lawsuits

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    Recent draft guidance from the Centers for Medicare & Medicaid Services proposes to expand the scope of what counts as the same qualifying single-source drug, which would significantly alter the timeline for modified drugs facing price controls and would likely draw legal challenges from innovator drug companies, say attorneys at Debevoise.

  • 3 Takeaways From Recent Cyberattacks On Healthcare Cos.

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    For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.

  • Most-Favored Nation Drug Pricing Could Shake Up US Pharma

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    Recent moves from the executive and legislative branches represent a serious attempt to revive and refine the first Trump administration's most-favored-nations model for drug pricing, though implementation could bring unintended consequences for pharmaceutical manufacturers and will likely draw significant legal opposition, say attorneys at Morgan Lewis.

  • How Focus On Menopause Care Is Fueling Innovation, Access

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    Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.

  • FDA Commissioner Speech Suggests New Vision For Agency

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    In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.

  • Customs Fraud Enforcement In The Age Of Tariffs

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    In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.

  • Legal Risks For Providers Discussing Psychedelic Therapies

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    The emergence of psychedelic therapies as potential treatments for mental health conditions and other ailments continues to garner significant attention, but the legal landscape surrounding discussions and referrals remains fraught with complexity, creating potential risks for healthcare providers and institutions, says Kimberly Chew at Husch Blackwell.

  • How NY's FAIR Act Mirrors CFPB State Recommendations

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    New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.

  • A Breakdown Of Trump's Order On Drug Pricing

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    The Trump administration may attempt to effectuate through rulemaking a recently issued executive order on lowering drug prices, which would likely have an adverse effect on stakeholders and trigger litigation, say attorneys at Debevoise.

  • Takeaways From DOJ's 1st Wage-Fixing Jury Conviction

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    U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • The IRS Shouldn't Go To War Over Harvard's Tax Exemption

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    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.