Policy & Compliance

  • December 02, 2024

    House COVID-19 Probe Points to China 'Lab Leak'

    The Republican-led House Select Subcommittee on the Coronavirus Pandemic published the results of its two-year investigation into the origins of the COVID-19 pandemic Monday, concluding that COVID-19 "most likely" emerged from a laboratory in Wuhan, China, and heavily criticizing the Biden administration, Anthony Fauci and left-leaning organizations for their responses.

  • December 02, 2024

    Newsom Wants $25M For Expected Legal Fights With Trump

    California Gov. Gavin Newsom announced Monday that he wants up to $25 million for litigation and legal fights he foresees with the administration of President-elect Donald Trump, kicking off the first day of a special session the state Legislature held at the governor's request after Trump's win.

  • December 02, 2024

    9th Circ. Partially Upholds Block Of Idaho Abortion Travel Ban

    A split Ninth Circuit panel on Monday upheld part of a lower court's temporary injunction to an Idaho law that criminalizes helping minors travel out of state to receive abortions without parental permission, finding the "recruiting" portion of the law is unconstitutional. 

  • November 27, 2024

    Split Ohio High Court Revives Death Suit Against Pa. Doctor

    An Ohio law that pauses the statute of limitations for lawsuits against parties who leave the state does not violate the dormant commerce clause of the U.S. Constitution because it neither facially discriminates against out-of-state entities nor has some economic protectionist purpose, the state Supreme Court ruled Wednesday.

  • November 27, 2024

    PBM Says Opioid Ruling Ignored High Court's Privilege Stance

    A special master's ruling that internal audit records from Express Scripts Inc. are not protected by attorney-client privilege should be overturned because it contradicts nearly 40 years of U.S. Supreme Court precedent, the pharmacy benefit manager told an Ohio federal court overseeing multidistrict opioid litigation.

  • November 27, 2024

    Nonprofit Warns 3rd Circ. Against 'Abuse' In Merck Vax Case

    The anti-monopoly think tank Open Markets Institute urged the full Third Circuit to rethink a panel's immunization of Merck & Co. Inc. from antitrust claims over its mumps vaccine, arguing in an amicus brief that the doctrine cementing the right to petition the government doesn't justify the use of courts and administration as a "competitive weapon."

  • November 27, 2024

    Up Next At The High Court: Transgender Care, Holocaust Art

    The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.

  • November 27, 2024

    Hospital Sued For Firing Tech Who Reported Lax Drugmaking

    A pharmacy technician claims in Illinois state court that she was fired from Lurie Children's Hospital in Chicago for making complaints both internally and to state regulators that the medications for pediatric patients were being compounded in an unsanitary manner and that the facilities weren't being properly cleaned.

  • November 26, 2024

    Trump Taps Bhattacharya For National Institutes Of Health

    President-elect Donald Trump announced Tuesday that he has selected Dr. Jay Bhattacharya, a physician who opposed the use of lockdowns and mask mandates to contain the spread of COVID-19, to lead the National Institutes of Health.

  • November 26, 2024

    NIH Beats 4th Circ. Bid To Unmask COVID Researcher

    National Institutes of Health on Tuesday defeated a circuit court appeal by a whistleblower organization which had sought to uncover the identity of a Wuhan University researcher who submitted sequencing data to an open-access NIH archive.

  • November 26, 2024

    Colo. Panel Weighs In On Faulty Genetic Test Damages

    A long-standing Colorado law limiting healthcare provider liability in certain negligence actions got its first interpretation, issued by a state appellate court panel. 

  • November 26, 2024

    In Court: Abortion, Gender Care, PBMs and Insulin Pricing

    An abortion ban bench trial in Idaho. A Texas high court decision on a "heartbeat" ban. A consumer protection agency delays medical debt guidance amid a legal challenge. Law360 Healthcare Authority looks at those and other significant decisions shaping the healthcare industry.

  • November 26, 2024

    Meet The Attys Arguing Tenn. Trans Care Ban At High Court

    Tennessee's solicitor general and the first openly transgender lawyer to appear before the U.S. Supreme Court are set to face off next week to debate the constitutionality of a state ban on gender-affirming care for minors.

  • November 26, 2024

    Pa. Nursing Home Eying Sale Seeks Fraud Sentencing Delay

    The parent company for a troubled Western Pennsylvania nursing home asked a federal court to postpone a sentencing for defrauding state and federal healthcare programs so the company can keep trying to sell the facility, or at least relocate its residents over a longer period of time.

  • November 25, 2024

    At Trial, Ex-Clinic Head Accuses Seattle Hospital Of Race Bias

    A Black ex-clinical director told a Washington state jury Monday that a Seattle hospital owes him millions of dollars for failing to address a "culture of racism" targeting him and the patients of color he advocated for while leading a clinic with a purported mission of advancing equity.

  • November 25, 2024

    Missouri Gender-Affirming Care Ban Upheld As Constitutional

    A Missouri state judge rejected a legal challenge to the state's ban on providing gender-affirming care to minors and adults, finding Monday the court should defer to the Legislature given that challengers hadn't proven the restrictions violated the U.S. Constitution.

  • November 25, 2024

    5th Circ. Upholds Miss. Ban On Medical Pot Ads

    Marijuana dispensaries do not have protections under the First Amendment to advertise their products because the drug is still illicit under federal law, the Fifth Circuit ruled, tossing a lawsuit that sought to upend the state's tight regulations on cannabis ads.

  • November 22, 2024

    MultiCare $2M Deal Ends Fed's ADA Missing Interpreter Probe

    MultiCare Health Systems of Washington will set aside $2 million in compensation to end a federal civil rights investigation into complaints the hospital operator failed to provide interpreters for deaf-blind patients before and after surgery.

  • November 22, 2024

    Texas Justices Say Court Bungled Ruling In Abortion Case

    The Texas Supreme Court said Friday a lower appellate court tried to "prematurely drag the judiciary into highly contentious and politicized debates" around abortion without analyzing a key standing issue, jeopardizing Planned Parenthood's and other abortion rights groups' bid to invalidate the controversial Texas Heartbeat Act.

  • November 22, 2024

    Texas Panel Says Gender-Affirming Surgery Suit Too Late

    A Texas appellate court has backed a counselor's win in a lawsuit from a former client who came to regret undergoing a double mastectomy following the counselor's recommendation for gender-affirming surgery, finding the claims were time-barred.

  • November 22, 2024

    Duke Health Sacked Worker Over Pregnancy, Suit Claims

    A Duke University-affiliated health network fired a radiology technologist just three days after she disclosed she was pregnant with her second child, according to a lawsuit in North Carolina federal court.

  • November 22, 2024

    3 Takeaways From 6th Circ. ERISA Disability Benefits Revival

    A recent Sixth Circuit ruling that handed a worker a new shot at long-term disability benefits gives a boost to plaintiffs battling caps on coverage for mental health conditions, attorneys say. Here, Law360 looks at three takeaways from the appeals court's decision.

  • November 22, 2024

    Medicaid Fraud Nets 11-Year Sentence For NC Social Worker

    A clinical social worker in North Carolina has been sentenced to more than 11 years behind bars on charges of defrauding South Carolina's Medicaid program and falsely obtaining COVID-19 relief checks, prosecutors said.

  • November 21, 2024

    Health Exec Who Fled Gets 3 Years For $8M Medicare Scheme

    A home healthcare executive who led a scheme to defraud Medicare of nearly $8 million through fraudulent billing practices and who fled the country after his indictment has been sentenced to more than three years in prison, according to a judgment filed in Michigan federal court Wednesday.

  • November 21, 2024

    In Tight Vote, Senate Panel OKs Bill To Set New PTAB Limits

    The Senate Judiciary Committee on Thursday narrowly voted to advance a bill that would impose new restrictions on Patent Trial and Appeal Board challenges, with several members expressing concern that it could drive up the cost of prescription drugs.

Expert Analysis

  • Unpacking Arguments From High Court's Rural Hospital Case

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    During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.

  • Health Policy Predictions For Trump's Second Administration

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    As President-elect Donald Trump's nominations for health policy and enforcement heads work their way through the confirmation process, healthcare organizations can look at nominee backgrounds, campaign statements and actions from Trump's previous presidency to predict incoming priorities, say attorneys at McDermott.

  • What Trump's Next Term May Mean For Biz Immigration

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    Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

  • Weak Reasoning Underlies Fla. Judge's Bold Qui Tam Ruling

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    U.S. District Judge Kathryn Mizelle's groundbreaking decision in U.S. ex rel. Zafirov v. Florida Medical Associates LLC, holding that qui tam provisions of the False Claims Act are unconstitutional, relies on weak logic to reach a conclusion that differs from every other court that has ruled on the issue, says Ethan Greenberg at Anderson Kill.

  • Medicare Overpayment Rules Are A Mixed Bag For Providers

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    The Centers for Medicare & Medicaid Services' updated rules for handling agency overpayments adopt a more reasonable definition of what it means to have "identified" an overpayment, which is a win for providers, but their new time frame for investigating related overpayments is unrealistic, says Susan Banks at Holland & Knight.

  • Expect More State-Level Scrutiny Of Noncompetes Ahead

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    Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.

  • Cos. Should Inventory Issues To Prep For New Congress

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    As the legislative and oversight agendas of the 119th Congress come into sharper focus, corporate counsel should assess and plan for areas of potential oversight risk — from tax policy changes to supply chain integrity — even as much uncertainty remains, say attorneys at WilmerHale.

  • Incoming Admin May Shake Up Life Sciences Regulation

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    Though President-elect Donald Trump has not yet articulated policy priorities regarding the life sciences industry, the sector is positioned to see significant changes that could affect everything from drug exclusivity and generic drug approvals, to the availability of over-the-counter drugs, to laboratory-developed tests and digital health, say attorneys at Morgan Lewis.

  • Navigating DOJ's Patchwork Whistleblower Regime

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    In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.

  • What To Expect Next From Federal Health Tech Regulation

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    Healthcare organizations should pay close attention to federal health information technology regulators' recent guidance concerning barriers to accessing electronic health information, which signals that more enforcement in this area is likely forthcoming, say attorneys at Ropes & Gray.

  • 5 Areas Congress May Investigate After GOP Election Wins

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    With Republicans poised to take control of Congress in addition to the executive branch next year, private companies can expect an unprecedented uptick in congressional investigations focused on five key areas, including cryptocurrency and healthcare, say attorneys at Cahill Gordon.

  • Takeaways From State Votes On Abortion In The 2024 Election

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    Attorneys at Epstein Becker discuss how 10 states voted on ballot initiatives to either protect or restrict access to abortion in the 2024 general election, and analyze overarching trends.

  • Loper Bright Offers New Materiality Defense To FCA Liability

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    The U.S. Supreme Court's decision in Loper Bight Enterprises v. Raimondo, ending Chevron deference, may have created a new defense to False Claims Act liability by providing the opportunity to argue that a given regulation is not material to the government's payment decision, says Tanner Cook at Husch Blackwell.