Policy & Compliance

  • July 11, 2024

    Panel Says Kansas BCBS Unit Can't Face Rehab Suit In Colo.

    A Kansas Blue Cross Blue Shield unit can't be sued in Colorado for terminating the coverage of a patient who was receiving treatment for an autoimmune syndrome, a state appellate panel ruled Thursday.

  • July 11, 2024

    9th Circ. Signals Dr.'s Vax-Refusal Case Deserves New Chance

    Ninth Circuit judges signaled Thursday that they were likely to revive a doctor's case claiming he was wrongfully fired from his Washington State University residency for refusing to get a COVID-19 vaccination, with two judges questioning if the school went far enough to accommodate his religious beliefs.

  • July 11, 2024

    Fed. Circ. Pauses Ouster Of Teva Patents From Orange Book

    Teva can keep challenged asthma inhaler device patents listed on, and protected by, an important government database after the Federal Circuit agreed Wednesday to pump the brakes on the patents' delisting while the Israeli drugmaker appeals an order won by Amneal in an infringement lawsuit.

  • July 11, 2024

    Opiate MDL Judge Flags Evidence Preservation Shortfall

    An Ohio federal judge has said "at least some" of the plaintiff local government entities in four chosen bellwether cases against pharmacy benefit managers for the multidistrict litigation over the opioid epidemic failed to preserve documents and evidence for trial, warning the parties he may replace those cases.

  • July 11, 2024

    Hospital Urges 4th Circ. To Back Win In Worker's Vax Bias Suit

    A Virginia health system told the Fourth Circuit to let its win stand in a former nurse's lawsuit claiming she was unlawfully fired for refusing the COVID-19 vaccine because of her Christian beliefs, saying the nurse raised only her personal misgivings, not religion, in her exemption request. 

  • July 11, 2024

    Sens. Say Medical Debt Acute 'Symptom' Of Chronic Issues

    A Senate health committee panel said that medical debt is a "symptom" of high costs in the healthcare system in a hearing on Thursday, with lawmakers and federal agencies proposing solutions to stabilize the issue that impacts consumers and providers. 

  • July 10, 2024

    Drug Test Co. Pays $1M To Settle Medicare Fraud Claims

    A Los Angeles drug testing lab will pay at least $1 million to settle claims it doubled-billed Medicare for toxicology tests for people undergoing treatment for opioid use disorder, Boston federal prosecutors said Wednesday.  

  • July 10, 2024

    Buyers Say Teva Had Multipart Scheme To Delay Inhaler Rivals

    Employee benefit funds accusing Teva of orchestrating a decadelong scheme to delay generic competition for its QVAR asthma inhalers told a Massachusetts federal court the drugmaker is trying to end the case by addressing merely one aspect of a multipart scheme.

  • July 09, 2024

    Pharma Co. Fined $16.9M For Fake Scripts, Ex-VP Arrested

    A subsidiary of bankrupt DMK Pharmaceuticals Corp. faces a $16.9 million criminal fine after pleading guilty to conspiring in a scheme to ship drugs using false prescriptions, federal prosecutors announced Tuesday, adding that the subsidiary's former vice president of sales was also arrested.

  • July 09, 2024

    With Chevron's End, LGBTQ+ Healthcare Regs Face New Risk

    The end of Chevron deference is already disrupting regulation meant to protect LGBTQ+ access to healthcare, with three federal judges blocking enforcement of a Biden administration rule prohibiting discrimination based on gender identity in healthcare.

  • July 09, 2024

    Healthcare Cases To Watch: A 2024 Midyear Report

    Courts across the U.S. this year will oversee key cases to the healthcare industry, from multidistrict litigation over the Change Healthcare hack to a challenge of a state gender-affirming care ban at the Supreme Court. Here are the healthcare cases to watch in the second half of 2024.

  • July 09, 2024

    Calif. Health Players Back Managed Care Tax Amid Uncertainty

    A ballot measure backed by some of the biggest healthcare players in California is designed to protect billions of dollars in revenue for the state's Medicaid program. Its impact may hinge on persuading more doctors to serve low-income patients.

  • July 09, 2024

    FTC Says Drug Middlemen Inflate Costs, Squeeze Pharmacies

    The Federal Trade Commission said Tuesday that its study of pharmacy benefit managers has shown that six large companies now control 95% of all prescriptions filled in the U.S., allowing them to profit at the expense of patients and independent pharmacies.

  • July 09, 2024

    Ga. Doc Can't Get Emergency Protection In Med Mal Death Suit

    In a split opinion, the Georgia Court of Appeals revived a medical malpractice case against a doctor who allegedly misdiagnosed a patient's brain condition, finding he's not shielded by a statute that sets a gross negligence standard for liability in emergency medical situations.

  • July 09, 2024

    Independence Blue Cross Elevates Atty To Deputy GC

    Independence Blue Cross has promoted an attorney who has worked for more than 13 years for the Philadelphia-based insurance provider to serve as vice president and deputy general counsel.

  • July 08, 2024

    Ex-Ga. Insurance Chief Wants Lighter Term In Kickback Case

    Former Georgia Insurance Commissioner John Oxendine has objected to the government's recommendation that he serve 44 months in prison and pay a $700,000 fine for his role in a multimillion-dollar medical testing kickback scheme, arguing that he is deserving of a lesser sentence.

  • July 08, 2024

    Ohio Woman Says Clinic Fired Her Because Of Disabled Son

    A Cleveland-based kidney dialysis clinic allegedly fired a technician for telling it she might have to return to a less demanding work schedule to help treat her son's medical condition, according to a complaint filed Monday.

  • July 08, 2024

    DC Circ. Supports NLRB Order Against Puerto Rico Hospital

    The National Labor Relations Board rightly found that a hospital in Puerto Rico violated federal labor law by unilaterally slashing workers' hours, the D.C. Circuit ruled, saying the hospital can't excuse its actions with claims about financial effects from the pandemic.

  • July 08, 2024

    Hospital Must Face Ex-Worker's Religious Bias Suit

    An Oregon federal judge refused to release a hospital from a former employee's suit claiming she was fired because she objected to receiving a COVID-19 vaccine in light of her Christian beliefs, saying a jury is best suited to decide if there was bias when the company refused to accommodate her.

  • July 05, 2024

    9th Circ. Backs Remand Of Cedars-Sinai Patient Data Suits

    The Ninth Circuit held Friday that a trio of proposed class actions accusing Cedars-Sinai of improperly sharing patients' personal information with tech companies indeed belong in California state court, agreeing with a lower court that the health provider wasn't acting at the direction of the federal government.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

Expert Analysis

  • Critical Questions Remain After High Court's Abortion Rulings

    Author Photo

    The U.S. Supreme Court's decisions in two major abortion-related cases this term largely preserve the status quo for now, but leave federal preemption, the Comstock Act and in vitro fertilization in limbo, say attorneys at Jenner & Block.

  • Navigating FDA Supply Rule Leeway For Small Dispensers

    Author Photo

    As the November compliance deadline for the U.S. Food and Drug Administration's new pharmaceutical distribution supply chain rules draws closer, small dispensers should understand the narrow flexibilities that are available, and the questions to consider before taking advantage of them, say attorneys at Faegre Drinker.

  • 1st Gender Care Ban Provides Context For High Court Case

    Author Photo

    The history of Arkansas' ban on gender-affirming medical care — the first such legislation in the U.S. — provides important insight into the far-reaching ramifications that the U.S. Supreme Court's decision in U.S. v. Skrmetti next term will have on transgender healthcare, says Tyler Saenz at Baker Donelson.

  • 6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth

    Author Photo

    Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.

  • After Chevron: Scale Tips Favor Away From HHS Agencies

    Author Photo

    The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.

  • After Chevron: FDA Regulations In The Crosshairs

    Author Photo

    The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.

  • USPTO Disclaimer Rule Would Complicate Patent Prosecution

    Author Photo

    The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.

  • Navigating Scrutiny Of Friendly Professional Corps. In Calif.

    Author Photo

    In light of ongoing scrutiny and challenges to private equity participation in the California healthcare marketplace, particularly surrounding the use of the friendly professional corporation model, management services organizations should consider implementing four best practices, say attorneys at Holland & Knight.

  • Takeaways From New HHS Substance Use Disorder Info Rules

    Author Photo

    A new U.S. Department of Health and Human Services rule continues the agency's efforts to harmonize complex rules surrounding confidentiality provisions for substance use disorder patient records, though healthcare providers will need to remain mindful of different potentially applicable requirements and changes that their compliance structures may require, say attorneys at Ropes & Gray.

  • Calif. Banking Brief: All The Notable Legal Updates In Q2

    Author Photo

    The second quarter of 2024 in California, which saw efforts to expand consumer protection legislation and enforcement actions in areas of federal focus like medical debt and student loans, demonstrated that the state's role as a trendsetter in consumer financial protection will continue for the foreseeable future, say attorneys at Sheppard Mullin.

  • How Cannabis Rescheduling May Affect Current Operators

    Author Photo

    The U.S. Drug Enforcement Agency's proposal to reschedule marijuana to Schedule III provides relief in the form of federal policy from the stigma and burdens of Schedule I, but commercial cannabis operations will remain unchanged until the federal-state cannabis policy gap is remedied by Congress, say Meital Manzuri and Alexis Lazzeri at Manzuri Law.

  • Air Ambulance Ruling Severely Undermines No Surprises Act

    Author Photo

    A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.

  • Class Actions At The Circuit Courts: June Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.