Health Care Counsel Blog
828 total results. Page 1 of 34.
Michael K. Molzberger, Linda M. Jackson, Matthew F. Prewitt, Alexandra M. Romero, Lauren C. Schaefer
On August 20, the US District Court for the Northern District of Texas held that the Federal Trade Commission’s (FTC) final rule banning noncompetes is unlawful and “set aside” the rule.
Gayland O. Hethcoat II, Moyosore O. Koya
On June 20, a federal district court in Texas ruled that the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) exceeded its authority under the Health Insurance Portability and Accountability Act (HIPAA).
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Mattie Bowden, Shoshana Golden
Headlines that Matter for Companies and Executives in Regulated Industries
Caroline Turner English, David S. Greenberg, Oluwaseun (Shay) Wells
In a recent opinion, Smith et al. v. UnitedHealth Group Inc. et al., the US Court of Appeals for the Eighth Circuit affirmed the dismissal of an Employee Retirement Income Security Act (ERISA) class action suit brought by health plan participants.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Shoshana Golden, Elizabeth Satarov
Headlines that Matter for Companies and Executives in Regulated Industries
D. Jacques Smith, Hillary M. Stemple, Pascal Naples
The US Supreme Court recently overturned its ruling in Chevron USA, Inc. v. Natural Resources Defense Council, Inc., changing the landscape for federal agency rulemaking and actions, particularly in the health care industry.
In July 2023, US Senators Michael Bennet (D-CO) and Chuck Grassley (R-IA), along with US Representatives Lori Trahan (D-MA) and Mariannette Miller-Meeks (R-IA), introduced legislation to improve access to critical care for children with complex medical conditions that may not be available in their home state.
D. Jacques Smith, Nadia Patel, Rebecca W. Foreman, Roberto Martinez
On June 7, Adam Hart, a former employee of McKesson Corporation, filed a petition for certiorari to the US Supreme Court.
Stephanie Trunk, Shoshana Golden
Pharma’s favorite summer pastime is back again: reviewing the Centers for Medicare & Medicaid Services (CMS) release of the 2025 proposed Hospital Outpatient Prospective Payment System (HOPPS) and Physician Fee Schedule (PFS) rules.
Douglas A. Grimm, Lowell C. Brown, David S. Greenberg, Pascal Naples
On June 28, the US Supreme Court overturned the Chevron doctrine — the legal principle that the judiciary should defer to a federal agency’s reasonable interpretation of an ambiguous statute.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Rebekkah R.N. Stoeckler
Headlines that Matter for Companies and Executives in Regulated Industries
Douglas A. Grimm, Moyosore O. Koya
The Federal Trade Commission’s (FTC) Final Rule banning noncompete covenants for workers is likely to present particular challenges for employers in the health care industry.
Douglas A. Grimm, Stephanie Trunk, Gayland O. Hethcoat II
In 2021, we provided an overview of multiple federal lawsuits challenging the US Department of Health and Human Services (HHS) Health Resources and Services Administration’s (HRSA) enforcement of the 340B Drug Pricing Program, particularly with respect to contract pharmacies.
Gayland O. Hethcoat II
Who will notify the potentially millions of individuals whose information might have been jeopardized by the massive cyberattack on Change Healthcare? Since the affiliate of UnitedHealth Group (UHG) first reported the cyberattack in February.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, M.H. Joshua Chiu, Rebecca W. Foreman
Headlines that Matter for Companies and Executives in Regulated Industries
Anne M. Murphy, Douglas A. Grimm
Recent events have caused hospitals and health systems nationwide to contemplate more robust participation in the long term care (LTC) sector, whether through modified ownership, joint venturing, clinical affiliation, or third-party management.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Laura Zell
Headlines that Matter for Companies and Executives in Regulated Industries
Douglas A. Grimm, Moyosore O. Koya
On May 7, the Federal Trade Commission (FTC) published a Final Rule banning noncompete covenants for workers, including employees, independent contractors, and volunteers.
Jill A. Steinberg, Gayland O. Hethcoat II, Moyosore O. Koya
On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule designed to support the privacy of reproductive health care.
D. Jacques Smith, Randall A. Brater, Michael F. Dearington, Nadia Patel, Heather M. Zimmer, Elizabeth Satarov
Headlines that Matter for Companies and Executives in Regulated Industries
Douglas A. Grimm, Stephanie Trunk, Gayland O. Hethcoat II
Disputes between 340B Drug Pricing Program-covered entities and the drug manufacturers required to sell outpatient drugs to those entities at discounted prices will be governed by an alternative dispute resolution (ADR) process under a Final Rule published on April 19, by the US Department of Health and Human Services’ Health Resources and Services Administration (HRSA).
Katia Asche, Sharon O’Reilly, Lynn R. Fiorentino, Matthew R. Mills
On May 1, the California Supreme Court granted Gilead Science Inc.’s request to review a California appellate court’s holding that the pharmaceutical manufacturer must defend against negligence claims stemming from its decision to postpone marketing a version of an HIV drug.
Alison Lima Andersen, Pascal Naples, Nicole M. Curtis
Last week, the US Court of Appeals for the Fourth Circuit issued a decision holding that state health care plans in North Carolina and West Virginia must cover gender-affirming surgeries.
Thomas E. Jeffry, Jr., Gayland O. Hethcoat II, M.H. Joshua Chiu
On February 14, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued its annual reports to Congress detailing its actions to enforce the privacy, security, and breach notification requirements under the Health Insurance Portability and Accountability Act (HIPAA).
Caroline Turner English, Alison Lima Andersen, Pascal Naples
In a win for plaintiffs, the US Court of Appeals for the Ninth Circuit recently reversed a district court’s dismissal of key claims in the case of Ryan S. v. UnitedHealth Group, Inc.