News & Analysis as of

Healthcare Unfair or Deceptive Trade Practices

Quarles & Brady LLP

Justice Department’s New Task Force on Health Care Monopolies and Collusion

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DOJ recently formed the Antitrust Division’s (the “Division”) Task Force on Health Care Monopolies and Collusion (“HCMC”), signaling anticompetitive activity in health care markets as an enforcement priority....more

Proskauer Rose LLP

FTC Focus: Private Equity Investments In Healthcare

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U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare. On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more

Seyfarth Shaw LLP

All Gas No Brakes – The FTC, DOJ, and HHS Unveil Online Reporting Portal as Latest Effort to Combat Unfair and Anticompetitive...

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On April 18, 2024, the Federal Trade Commission (“FTC”), Justice Department (“DOJ”), and the U.S. Department of Health and Human Services (“HHS”) launched an online reporting portal, HealthyCompetition.gov, for the public to...more

Manatt, Phelps & Phillips, LLP

FTC Regulation Tracker – March 2024

The Final Rules keep rolling in, but with a twist. Each of the two Final Rules released in March were accompanied by Supplemental Notices of Proposed Rulemaking. In both cases, the Supplemental Rulemakings, if adopted, would...more

Davis Wright Tremaine LLP

February 2024 UDAAP Bulletin

Editor's Note: The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau, the Federal Trade Commission,...more

Cozen O'Connor

The State AG Report – 9.21.2023

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Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • In For A Dime, In For A Dollar (Or Maybe Two?)- •...more

Troutman Pepper

Minnesota AG Investigating Allina Health as Part of its Renewed Medical Billing Initiative

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Minnesota Attorney General Keith Ellison recently announced steps the office is taking as part of its “renewed focus” on medical billing. “The Minnesota Attorney General’s Office has long been concerned with medical billing...more

Akerman LLP - Health Law Rx

FTC Cracks Down on BetterHelp’s Sharing of Health Information for Advertising

Following its February settlement with GoodRx, the Federal Trade Commission (FTC) has fired another shot across the bow in its ongoing campaign to protect consumers’ digital health information. Earlier this month the FTC...more

Wyrick Robbins Yates & Ponton LLP

Consent Horizon: BetterHelp to Pay $7.8 Million to Settle FTC Claims

On the heels of its $1.5 million enforcement action against GoodRx, the FTC is back with an enforcement action against BetterHelp, an online mental health counseling service. This time the price tag will be $7.8 million,...more

Manatt, Phelps & Phillips, LLP

FTC Targets Health Care Privacy, Deception Issues

Last week, the FTC announced settlements in two health-related proceedings: the first regarding company adherence to privacy practices regarding sensitive health data and the second surrounding false and deceptive...more

Wyrick Robbins Yates & Ponton LLP

Not What the Doctor Ordered: GoodRx to Pay $1.5 Million in FTC’s First Enforcement of the Health Breach Notification Rule

The Federal Trade Commission earlier this month undertook an enforcement action against online pharmacy and telehealth provider GoodRx, in the latest example of the agency seriously pursuing its role as the nation’s de facto...more

Cadwalader, Wickersham & Taft LLP

State Attorney General Insider – Winter 2023: Notable Cases

Here are some of the cases that dominated the headlines in the state Attorney General space. Grubhub − District of Columbia Attorney General Karl Racine secured $3.5M in a settlement with the food delivery company for...more

Orrick, Herrington & Sutcliffe LLP

FTC takes action against eye surgery provider

On January 19, the FTC announced an action against an Ohio-based eye surgery provider (respondent) concerning allegations that it engaged in “bait-and-switch” advertising. According to the FTC’s complaint, the respondent...more

Foley Hoag LLP

Product Liability Update - October 2022

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Sheppard Mullin Richter & Hampton LLP

FTC Signals Focus on Healthcare and Technology Platforms, Among Others

The FTC recently voted to authorize the use of compulsory processes—the FTC’s primary investigatory tools—on what it calls “key law enforcement priorities.” The resolutions allow investigators to take actions like issuing...more

Pierce Atwood LLP

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

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Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on...more

Cadwalader, Wickersham & Taft LLP

State Attorneys General Jolt Antitrust Enforcement

Over the past year, State Attorneys General have stepped into what they describe as a void of antitrust enforcement at the federal level.  AGs have commenced investigations and brought antitrust actions across industry...more

Hogan Lovells

FTC takes on deceptive stem cell therapy claims for blindness cure and autism treatment

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On October 18, the Federal Trade Commission (FTC) announced it settled charges against California-based Regenerative Medical Group, Telehealth Medical Group, and the founder of both companies, Dr. Bryn Jarald Henderson, based...more

Robinson+Cole Data Privacy + Security Insider

16 data breach class action lawsuits filed again 21st Century Oncology consolidated

We previously reported that 21st Century Oncology suffered a data breach in October 2015 involving an intrusion into its systems which compromised around 2 million patients’ records, including their names, Social Security...more

Baker Donelson

What Happens to LTC Arbitration Agreements if the Proposed CMS Rules are Implemented?

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By now, most industry members are aware that Centers for Medicare and Medicaid Services (CMS) recently published a proposed set of new rules for regulating long term care (LTC) facilities. During the review period, CMS...more

Womble Bond Dickinson

Is Your HIPAA Compliance Program Ready for the FTC?

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Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate...more

Ballard Spahr LLP

CFPB enters into consent order with company charged with deceptive health care credit enrollment practices

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The CFPB has entered into a consent order with Springstone Financial, LLC to settle charges that the company was responsible for alleged deceptive and misleading acts and practices in connection with enrolling consumers in a...more

Robinson+Cole Data Privacy + Security Insider

Connecticut legislation establishes statewide Health Information Exchange

Effective October 1, 2015, this legislation contains several provisions to encourage the free exchange of patient health information among providers and consumers. Hospitals, health systems, and electronic health record (EHR)...more

Troutman Pepper

Lack of Typicality and Adequacy of Representation Prevents Class Certification in Health Care Data Breach

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The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions. On March 25, the Philadelphia Court of Common Pleas provided...more

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