Health Care Counsel Blog

939 total results. Page 1 of 38.

Anne M. Murphy, Hillary M. Stemple, Aida Al-Akhdar

As we approach the end of the first year of the second Trump Administration, many in the health care sector continue to closely watch federal enforcement trends to identify government priorities going forward.

Hillary M. Stemple, Meredith Gillespie

For the past several years, the use of contract sales forces by pharmaceutical and device manufacturers and other suppliers has been under a heightened enforcement spotlight.

Annie Chang Lee, Fernanda Sanchez Jara, Roxana Bokaei

The California Department of Public Health (CDPH) denied two petitions to amend the hospital licensing regulations in Title 22 of the California Code of Regulations to allow advanced practice providers to be members of organized medical staffs in general acute care hospitals.

Hillary M. Stemple, Douglas A. Grimm

The Centers for Medicare & Medicaid Services (CMS) Innovation Center has announced the Advancing Chronic Care with Effective, Scalable Solutions (ACCESS) model, a 10‑year voluntary payment model that introduces outcome‑aligned payments (OAPs) to expand access to technology‑supported care for Medicare beneficiaries with common chronic conditions.

D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Rebekkah R.N. Stoeckler, Apeksha Vora

Headlines that Matter for Companies and Executives in Regulated Industries

Nadia Patel, Hillary M. Stemple, Rebekkah R.N. Stoeckler

In recent months, three federal courts have refused to enforce expansive US Department of Justice (DOJ) administrative subpoenas issued to providers of gender-affirming care, concluding the subpoenas were issued for an improper purpose or exceeded the government’s statutory authority. These rulings are significant.

Nadia Patel, John M. Hindley

On December 12, the Eleventh Circuit heard the much-anticipated oral arguments in United States ex rel. Zafirov v. Florida Medical Associates LLC concerning the constitutionality of the False Claims Act’s (FCA) qui tam provisions.

D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Heather M. Zimmer, Rebekkah R.N. Stoeckler, Sean A. Worley

Headlines that Matter for Companies and Executives in Regulated Industries

Abha Kundi*, Gayland O. Hethcoat II

Federal regulators are taking a coordinated step to accelerate the responsible integration of digital health technologies into routine care.

D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, John M. Hindley, Meghan F. Hart

Headlines that Matter for Companies and Executives in Regulated Industries

Abha Kundi*, Gayland O. Hethcoat II

A putative class action against Whoop, the wearable technology company, uses the US Food and Drug Administration’s (FDA) July 2025 warning letter regarding its new blood pressure product feature as a litigation springboard. The case shows how misalignment with regulators’ expectations can quickly cascade from agency scrutiny to consumer litigation.

Stephanie Trunk, Shoshana Golden

On November 21, the Centers for Medicare & Medicaid Services (CMS) issued a final rule announcing changes for Medicare payments for hospital outpatient services under the Hospital Outpatient Prospective Payment System (HOPPS).

Stephanie Trunk, Shoshana Golden

After issuing the Physician Fee Schedule (PFS) on October 31, the Centers for Medicare & Medicaid Services (CMS) has now published templates for manufacturers to utilize when complying with new requirements regarding the submission of reasonable assumptions related to their average sales price (ASP) calculations. CMS also mandates that manufacturers submit Bona Fide Service Fee (BFSF) certification or warranty letters for new or renewal contracts dated January 1, 2026, or later that contain BFSFs with quarterly ASP.

D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Heather M. Zimmer, James G. Pizzo

Headlines that Matter for Companies and Executives in Regulated Industries

Stephanie Trunk, Shoshana Golden

On October 31, the Centers for Medicare & Medicaid Services (CMS) issued a final rule announcing changes for Medicare payments under the Physician Fee Schedule (PFS), effective on or after January 1, 2026.

Abha Kundi*

The US Food and Drug Administration (FDA) regulates the products hospitals and health systems use, make, or study. As health system innovations increasingly leap quickly across service lines, regulatory obligations can shift in real time.

D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Meghan F. Hart, John M. Hindley

Headlines that Matter for Companies and Executives in Regulated Industries

D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Shoshana Golden, Roberto Martinez

Headlines that Matter for Companies and Executives in Regulated Industries

D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Shoshana Golden, Meghan F. Hart

Headlines that Matter for Companies and Executives in Regulated Industries

D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Elizabeth Satarov, Meghan F. Hart

Headlines that Matter for Companies and Executives in Regulated Industries

D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Mattie Bowden, Elizabeth Satarov

Headlines that Matter for Companies and Executives in Regulated Industries

D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Mattie Bowden, Rebekkah R.N. Stoeckler

Headlines that Matter for Companies and Executives in Regulated Industries

Stephanie Trunk, Shoshana Golden, Emily Cowley Leongini

Earlier this month, the US Department of Health and Human Services (HHS) and US Food and Drug Administration (FDA) announced a nationwide crackdown on direct-to-consumer (DTC) drug advertisements.

D. Jacques Smith, Michael F. Dearington, Nadia Patel, Hillary M. Stemple, Laura Zell, Michelle J. Shapiro, Apeksha Vora, Rebekkah R.N. Stoeckler

Headlines that Matter for Companies and Executives in Regulated Industries

Molly L. Wiltshire, Katie Heilman, Alison Lima Andersen

Following nearly two years of litigation, Cigna Health and Life Insurance Company and the named plaintiffs in Hecht v. Cigna Health and Life Insurance Co., Case No. 1:24-cv-05926 (N.D. Ill.) have announced a class action settlement in principle.