Policy & Compliance
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March 24, 2026
Justices Won't Review Class Cert. In Diabetes Drug Risk Case
The U.S. Supreme Court has declined to review whether a federal court can certify a class of third-party payors who claim drugmakers hid the cancer risks of an anti-diabetes drug.
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March 24, 2026
Mass General Accused Of Shaving Time From Workers' Pay
Boston-based healthcare system Mass General Brigham shaved as much as 14 minutes a day from employees' pay by rounding their clock-in and clock-out times, according to a proposed class and collective action filed in federal court.
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March 23, 2026
J&J Amici Seek Clarity On Goldman Precedent For Class Cert.
Four groups of amici have urged the U.S. Supreme Court to take up Johnson & Johnson's challenge to a Third Circuit decision allowing a securities class action over its talc products to proceed, warning the ruling could reshape how shareholder suits are litigated nationwide.
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March 23, 2026
FTC Stays Focused On Healthcare, Launches Task Force
The Federal Trade Commission announced it is launching a new task force with staff from across the agency to coordinate healthcare policy approaches and initiate investigations meant to help protect patients, healthcare workers and American taxpayers.
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March 23, 2026
Progressive Escapes Workers' Tobacco, Vaccine Fee Suit
Allegations that Progressive Corp. wrongly charged higher health premiums from workers who used tobacco or refused the COVID-19 vaccination failed to state a claim for violating federal benefits law, an Ohio federal judge ruled as he tossed a proposed class action against the insurance giant.
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March 23, 2026
Feds Approve Minnesota's Plan To Combat Medicaid Fraud
Minnesota may soon receive the release of $243 million in deferred Medicaid funds after the Centers for Medicare & Medicaid Services approved the state's updated plan to combat Medicaid fraud, Minnesota state health officials told a federal court last week.
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March 23, 2026
Health Insurers Can't Force Conn. ERISA Row Into Arbitration
Elevance Inc. can't compel arbitration of a union health plan's allegations the insurer caused it to pay excessive administrative fees and medical costs, a Connecticut federal judge ruled, finding the insurer and its subsidiaries waived that right by seeking to dismiss the proposed class action.
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March 23, 2026
High Court Won't Hear Mich. Newborn Blood Testing Case
The U.S. Supreme Court on Monday declined to hear a petition from parents seeking to revive claims that the way newborn blood samples are collected and stored in a Michigan health screening program violates their rights to make medical decisions for their children.
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March 23, 2026
Justices Won't Review Lab Owner's Kickback Conviction
The U.S. Supreme Court on Monday declined to review the conviction of a former California biotech president sentenced to eight years in prison for lying about the efficacy of his company's COVID-19 and allergy testing and conducting a $70 million Medicare fraud scheme.
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March 23, 2026
High Court Won't Hear Calif. Border Hospital Medicaid Fight
The U.S. Supreme Court said Monday it would not consider a case challenging California's exclusions of hospitals in neighboring states from supplemental federal payments going to providers that serve Medi-Cal beneficiaries.
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March 20, 2026
Feds Rip Ex-NFL Player's New Trial Bid Over Medicare Scheme
The federal government opposed a new trial bid by Keith Gray, a former NFL player and Texas laboratory owner convicted in a $328 million scheme involving billing for unnecessary cardiovascular genetic testing for Medicare beneficiaries, arguing Thursday he lacks any valid basis to "disturb the jury's sound verdict."
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March 20, 2026
EPA's Ethylene Oxide Plan May Hinder Other Air Toxics Regs
A new proposal from the U.S. Environmental Protection Agency to weaken emission standards for a medical sterilizer could have broader implications for the agency's power to tighten air pollution limits when new science becomes available.
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March 20, 2026
Pa. Hospital Must Pay $109M For Brain Injury During Birth
Jefferson Health and its subsidiary Einstein Healthcare Network have been hit with a nearly $109 million verdict by a Philadelphia jury in a lawsuit accusing them of negligence leading to debilitating brain injuries sustained by a child delivered at one of their hospitals.
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March 20, 2026
Mich. BCBS Unit Gets Health Plans' Claims Fight Transferred
A federal judge granted Blue Cross Blue Shield of Michigan's request to transfer a proposed class action alleging the insurance company violated federal benefits law by mismanaging claims in self-funded employee healthcare plans it administered, given that a similar, earlier-filed action was proceeding in an adjacent district.
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March 20, 2026
Eye On ERISA: A Chat With King & Spalding's Darren Shuler
Increased scrutiny of health plans and the high costs of care are fueling a litigation uptick that's coming not just from plan participants but also from employers frustrated with their third-party administrators, said Darren Shuler, a partner at King & Spalding LLP. Here, Shuler speaks with Law360 about litigation trends involving the Employee Retirement Income Security Act.
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March 19, 2026
HHS Can't Block Trans Care Under Kennedy Edict, Court Says
A coalition of 21 states and the District of Columbia prevailed on Thursday in their challenge to a Trump administration move to cut access to gender-affirming care for minors when an Oregon federal judge agreed to void a policy statement from Health and Human Services Secretary Robert F. Kennedy Jr.
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March 19, 2026
Pharma Group Can't Halt Colo. Law Over Drug Discount Rules
A Colorado federal judge denied a bid by the Pharmaceutical Research and Manufacturers of America seeking to halt enforcement of a state law guarding providers' ability to contract with pharmacies to distribute discounted drugs under the federal 340B program.
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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.
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.
Wyoming Abortion Ruling Sets Off Lawmaker Backlash
Lawmakers in Wyoming won't let judges have the final word on abortion and have considered slashing judicial security funding and shrinking the top court. This week, the governor signed a new "heartbeat" abortion ban likely to see new legal challenges.
Pharma In Uphill Fight With Contract Pharmacy Laws
Silence in the federal law governing the 340B discount drug program on the issue of contract pharmacies is working against drugmakers in their effort to stop states from protecting provider agreements with pharmacies.
Expert Analysis
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FDA Framework For Personalized Therapies Raises Questions
The U.S. Food and Drug Administration's new plausible mechanism framework for developing individualized therapies reflects the agency's focus on rare-disease drugs, but numerous significant, unresolved issues cast uncertainty on how effective the framework will be in practice, say attorneys at Ropes & Gray.
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Scrutiny Of Nursing Home Practices Marks Inflection Point
Recent congressional inquiries into UnitedHealth Group's Medicare Advantage-linked nursing home practices raise questions about whether financial metrics are allowed to influence decisions governed by the standard of care, and could implicate duties imposed by federal regulations, state negligence laws and elder abuse statutes, says Lindsey Gale at Rafferty Domnick.
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7 Steps For Gov't Contractors In Post-IEEPA Tariff Landscape
In response to U.S. Supreme Court's recent decision to strike down tariffs issued by the Trump administration under the International Emergency Economic Powers Act, there are several actions federal contractors should take to preserve their place in any refund waterfall, and to manage audit, overpayment and False Claims Act risk, say attorneys at Holland & Knight.
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CMS Healthcare Enforcement Initiatives May Cause Disruption
The Centers for Medicare & Medicaid Services' recently announced enforcement actions against healthcare fraud mark a significant escalation, and CMS' prior approach in the hospice sector suggests that even compliant providers and suppliers should brace for impact, say attorneys at Morgan Lewis.
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What We Know About DOJ's New FCA Enforcement Priorities
Recent remarks from the leader of the Justice Department’s commercial litigation branch provide key insights on how False Claims Act cases — especially healthcare fraud, trade fraud, antidiscrimination and cybersecurity claims — will be evaluated, prioritized and pursued as heightened enforcement becomes the new normal, say attorneys at Latham.
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How PBMs Can Adapt To Plan Sponsors' Disclosure Demands
As federal reforms, growing state regulation and litigation threats push plan sponsors to expect visibility into revenue streams, pharmacy benefit managers should leverage transparency strategically, including by simplifying how they get paid, offering clients audit-ready data and co-designing contracts that are easy for fiduciaries to explain and defend, says Kristie Blase at Frazer + Blase.
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How To Engage With Gov't's Direct-To-Consumer Drug Policy
The U.S. Department of Health and Human Services' recent request for industry input on manufacturers' direct-to-consumer drug sales reflects the government's caution in this arena, and allows stakeholders a rare opportunity to help shape policy, says Mary Kohler at Kohler Health Law.
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When Fraud Involvement Disqualifies FCA Whistleblowers
A Massachusetts federal court's recent dismissal of a False Claims Act relator in U.S. ex rel. Perry v. First Psychiatric Planners provides instructive insight into when whistleblowers may be denied their share of settlement proceeds, even if their involvement in the underlying fraud is a step removed, say attorneys at Holland & Knight.
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Lessons From Justices' Split On Major Questions Doctrine
The justices' varied opinions in Learning Resources v. Trump, which held the International Emergency Economy Powers Act did not confer the power to impose tariffs, offer a meaningful window into the U.S. Supreme Court's perspective on the major questions doctrine that will likely shape lower courts' approach to executive action challenges, say attorneys at Venable.
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Drug Wholesaler's DPA Shows Imperfect Efforts Still Count
Atlantic Biologicals’ recent deferred prosecution agreement with federal prosecutors for allegedly distributing controlled substances to pill mill pharmacies demonstrates that even subpar cooperation, when combined with genuine remediation and strategic advocacy, can yield outcomes that protect a company's long-term interests, says Jonathan Porter at Husch Blackwell.
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Key Takeaways As HRSA Aims To Revive 340B Rebate Pilot
The U.S. Department of Health and Human Services' recent request for feedback on the 340B Rebate Model Pilot Program demonstrates that it intends to correct the model's procedural defects, which is positive news for participating manufacturers, but a setback for covered entities, say attorneys at Manatt.
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Unique Issues Facing Brand-Compounder Patent Litigation
Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.
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Pros And Cons Of FDA's Push For Nonprescription Drugs
The U.S. Food and Drug Administration's recent moves to shift more prescription drugs to over-the-counter status could increase access to important medications, but also bring potential safety risks and other trade-offs for drug companies, say attorneys at Hogan Lovells.