Following the Departments of Labor, Treasury, and Health and Human Services’ (collectively, the “Departments”) issuance of a final rule for the No Surprises Act (which we previously reported on here), the Fifth Circuit recently struck down the government’s methodology
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OIG Seeks Comment on Clinical Trial Participant Remuneration Under the AKS and Beneficiary Inducements CMP
On June 24, 2026, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) published a Request for Information (“RFI”) seeking public input on whether OIG should add or modify its regulatory safe harbors…
No Surprises Here! Government Issues Final Rule in NSA, Streamlining IDR Process and Lowering Dispute Costs
On Thursday, May 28, 2026, after years of delay, the Departments of Labor, the Treasury, and Health and Human Services through the Centers for Medicare & Medicaid Services issued a final rule for the No Surprises Act (“NSA”), implementing major…
West Coast Fraud and AI: DOJ Expands Healthcare Fraud Enforcement into Technology-Driven Markets
On April 30, 2026, the Department of Justice (“DOJ”) announced the creation of the West Coast Health Care Fraud Strike Force, a coordinated enforcement initiative focused on healthcare fraud in Arizona, Nevada, and Northern California. The initiative brings together DOJ’s…
False Claims Act Roundup Series: Q1 2026 – Increased Government Enforcement Efforts and Circuit Court Developments
2026 has opened with unmistakable signals that False Claims Act (“FCA”) enforcement in the health care sector is accelerating. On January 16, 2026, the Department of Justice (“DOJ”) announced a record-breaking $6.8 billion in FCA settlements and judgments for fiscal…
The “Break Up Big Medicine Act”: Potential Impacts for Healthcare Investors
A newly-introduced Senate bill called the “Break Up Big Medicine Act” proposes a federal prohibition on both new and existing common ownership or control of insurers, pharmacy benefit managers (“PBMs”), drug or medical device wholesalers, and certain medical service provider…
OIG’s Fall 2025 Semiannual Report to Congress Signals Key Regulatory Enforcement and Compliance Priorities
On January 21, 2026, the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services (“HHS”) submitted its Fall 2025 Semiannual Report to Congress, identifying investigative outcomes relating to HHS program administration and operations during the…
Sign‑On Bonuses to Employees: OIG Warns of Heightened Risk
The Office of Inspector General (“OIG”) recently issued advisory opinion 25‑12 (“the Opinion”), which addresses a home care agency’s plan to advertise and pay sign‑on bonuses to prospective attendant‑employees, many of whom are family members of Medicaid beneficiaries who would…
No Surprises Here! Air Ambulance Providers Petition Supreme Court to Review Fifth Circuit’s No Surprises Act and ERISA Standing Decision
In another development in the ongoing litigation over the enforceability of Independent Dispute Resolution (“IDR”) awards issued under the No Surprises Act (“NSA”), two air ambulance providers, Guardian Flight LLC and Med‑Trans Corporation, have filed a petition for writ of…
No Surprises Here! Shareholder Derivative Lawsuit Challenging Provider Use of No Surprises Act IDR Process Portends New Corporate Governance Risks
On September 8, 2025, a shareholder of Nutex Health, Inc. (“Nutex”) filed a derivative action in the Southern District of Texas that places the No Surprises Act (“NSA”) squarely at the center of a corporate-governance fight. Specifically, the complaint alleges…