In our January 14 blog, we explained that Chief Judge Lance Walker of the U.S. District Court for the District of Maine had entered a nationwide preliminary injunction in American Hospital Association v. Kennedy, blocking the...more
2/12/2026
/ Administrative Procedure Act ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Drug Pricing ,
Federal Pilot Programs ,
Health Care Providers ,
HRSA ,
Preliminary Injunctions ,
Remand ,
Section 340B ,
Vacatur
In an unpublished memorandum decision, the Ninth Circuit in R.R. v. California Physicians’ Service d/b/a Blue Shield of California, affirmed the insurer and administrator’s denial of benefits for a dependent’s residential...more
On January 26, the Centers for Medicare & Medicaid Services (CMS) released the Calendar Year 2027 Advance Notice of Methodological Changes for Medicare Advantage (MA) capitation rates and Medicare Part D payment policies. CMS...more
On January 12, the U.S. Supreme Court denied the petition for writ of certiorari in Guardian Flight, leaving in place the Fifth Circuit’s June 2025 decision that we covered in our prior post. As a result, within the Fifth...more
1/19/2026
/ Appellate Courts ,
Arbitration Awards ,
Denial of Certiorari ,
Dispute Resolution ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Insurance Litigation ,
No Surprises Act (NSA) ,
Popular ,
Private Right of Action ,
Provider Payments ,
SCOTUS
On January 7, the U.S. Court of Appeals for the First Circuit denied the federal government’s request for a stay of the nationwide preliminary injunction barring implementation of the Health Resources and Services...more
1/15/2026
/ Administrative Procedure Act ,
Appeals ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Drug Pricing ,
Health Care Providers ,
Healthcare ,
Hospitals ,
HRSA ,
Preliminary Injunctions ,
Section 340B
On January 12, the U.S. Supreme Court denied the petition for writ of certiorari in Guardian Flight, leaving in place the Fifth Circuit’s June 2025 decision that we covered in our prior post (available here). As a result,...more
1/15/2026
/ Appellate Courts ,
Arbitration Awards ,
Denial of Certiorari ,
Dispute Resolution ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Health Care Providers ,
Health Insurance ,
Insurance Claims ,
Insurance Litigation ,
No Surprises Act (NSA) ,
Private Right of Action ,
SCOTUS ,
Standing
On December 29, 2025, Chief Judge Lance Walker of the U.S. District Court for the District of Maine granted the plaintiffs’ motion for a preliminary injunction in American Hospital Association v. Kennedy. The court enjoined...more
On November 24, the Ninth Circuit issued an unpublished memorandum disposition in Dedicato Treatment Center, Inc. v. Aetna Life Insurance Co., affirming dismissal of an out-of-network provider’s state-law claims as preempted...more
12/4/2025
/ Appellate Courts ,
Assignment of Benefits (AOB) ,
Denial of Insurance Coverage ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Federal Rule 12(b)(6) ,
Health Care Providers ,
Health Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Out of Network Provider ,
Preemption
On October 31, CMS finalized the CY 2026 Medicare Physician Fee Schedule (PFS) rule (CMS-1832-F), effective January 1, 2026. While primarily directed at Medicare providers, the rule’s changes have clear downstream effects for...more
11/13/2025
/ Alternative Payment Models (APM) ,
Centers for Medicare & Medicaid Services (CMS) ,
Commercial Insurance Policies ,
Final Rules ,
Health Insurance ,
Insurance Industry ,
Medicare ,
Physician Fee Schedule ,
Provider Payments ,
Reimbursements ,
Telehealth ,
Value-Based Care
On October 15, the California Hospital Association (CHA) filed a petition against the California Office of Health Care Affordability (OHCA) and related entities. The petition challenges the imposition of stringent cost...more
10/23/2025
/ Arbitrary and Capricious ,
California ,
Constitutional Challenges ,
Due Process ,
Health Care Providers ,
Healthcare ,
Healthcare Costs ,
Hospitals ,
New Regulations ,
Regulatory Oversight ,
State and Local Government ,
Takings Clause
On September 17, California Governor Gavin Newsom signed Assembly Bill 144 (AB 144) into law, a move in response to recent changes in immunization recommendations by the U.S. Food and Drug Administration (FDA)....more
9/26/2025
/ California ,
Coronavirus/COVID-19 ,
Department of Insurance ,
Governor Newsom ,
Health Insurance ,
Healthcare Reform ,
Insurance Regulations ,
New Legislation ,
Patient Access ,
Public Health ,
State and Local Government ,
Vaccinations
There has been a flurry of recent activity in a case originally filed by six air ambulance companies claiming $20 million in unpaid emergency services invoices. ...more
7/10/2025
/ Aetna ,
Airline Deregulation Act ,
Ambulance Providers ,
Aviation Industry ,
Contract Disputes ,
CUTPA ,
Dispute Resolution ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Insurance Claims ,
Insurance Litigation ,
Medical Expenses ,
No Surprises Act (NSA) ,
Out of Network Provider ,
Surprise Medical Bills ,
Unfair or Deceptive Trade Practices
On June 20, the U.S. Supreme Court issued its opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. —- — S.Ct. —- 2025 WL 1716136 (2025), addressing whether, under the Administrative Orders Review...more
7/1/2025
/ Administrative Procedure Act ,
Consent ,
FCC ,
Hobbs Act ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
Robocalling ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
The U.S. Supreme Court, in a 6-3 decision, ruled that the Medicaid Act’s any-qualified-provider provision does not confer individual rights enforceable under 42 U.S.C. §1983. This decision reverses the Fourth Circuit’s...more
6/27/2025
/ 42 U.S.C. §1983 ,
Appeals ,
Beneficiaries ,
Constitutional Challenges ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Judicial Authority ,
Medicaid ,
Medina v Planned Parenthood South Atlantic ,
Patient Access ,
Planned Parenthood ,
Reproductive Healthcare Issues ,
SCOTUS ,
State and Local Government ,
Statutory Interpretation
In a significant ruling, the U.S. Supreme Court delivered its 6-3 opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, addressing the scope of judicial review under the Hobbs Act. The decision marks a...more
6/23/2025
/ Administrative Procedure Act ,
Appeals ,
Class Action ,
Enforcement Actions ,
FCC ,
Hobbs Act ,
Judicial Review ,
Jurisdiction ,
McKesson Technologies ,
McLaughlin Chiropractic Associates Inc v McKesson Corporation ,
SCOTUS ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Unsolicited Faxes
On June 12, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion in the case involving Guardian Flight, LLC and Med-Trans Corporation, two air ambulance providers, against the defendant insurance...more
6/18/2025
/ Ambulance Providers ,
Appeals ,
Arbitration Awards ,
Dispute Resolution ,
Emergency Response ,
Federal Arbitration Act ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Insurance Claims ,
Insurance Litigation ,
No Surprises Act (NSA) ,
Post-Judgment Enforcement Actions ,
Private Right of Action ,
Surprise Medical Bills
Last month, we discussed the motion filed by the National Consumers League and four small business owners to intervene in the case of Insurance Marketing Coalition Limited. v. FCC. This motion aimed to challenge the Eleventh...more
3/25/2025
/ Amicus Briefs ,
Appeals ,
ATDS ,
Consumer Protection Laws ,
En Banc Review ,
FCC ,
Final Rules ,
Lead Generators ,
Motion To Intervene ,
Prior Express Consent ,
Regulatory Requirements ,
Robocalling ,
State Attorneys General ,
TCPA ,
Telecommunications ,
Telemarketing
We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging...more
2/17/2025
/ Automotive Loans ,
Consumer Financial Products ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Debt Collection ,
Enforcement Actions ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
FinTech ,
Regulatory Agenda ,
Regulatory Requirements ,
TCPA ,
UDAAP ,
Uniform Commercial Code (UCC)
In Insurance Marketing Coalition Ltd. v. FCC, — F.4th —-, 2025 WL 289152 (11th Cir. Jan. 24, 2025), the U.S. Court of Appeals for the Eleventh Circuit came to the rescue of the lead generation industry, striking down new...more
2/7/2025
/ Administrative Proceedings ,
Consent ,
Consumer Protection Laws ,
Do Not Call List ,
FCC ,
Judicial Authority ,
Lead Generators ,
Privacy Laws ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing
In a previous post, we discussed the oral arguments held on December 18, 2024, by the U.S. Court of Appeals for the Eleventh Circuit in the case of Insurance Marketing Coalition Limited (IMC) v. Federal Communications...more
1/27/2025
/ Consent ,
Enforcement Actions ,
FCC ,
Final Rules ,
Lead Generators ,
Regulatory Agenda ,
Regulatory Requirements ,
Robocalling ,
Stays ,
TCPA ,
Telecommunications ,
Telemarketing
In this episode of The Consumer Finance Podcast, host Chris Willis is joined by Partners Virginia Flynn and Chad Fuller for the first edition of a special year-in-review series. Together, they provide a comprehensive analysis...more
On December 18, the U.S. Court of Appeals for the Eleventh Circuit held oral arguments in Insurance Marketing Coalition Limited (IMC) v. Federal Communication Commission (FCC), which challenges the FCC’s December 2023 order...more
On September 27, California Governor Gavin Newsom signed into law two bills that will impact health care service plans and insurers in the state....more
On May 31, the U.S. Court of Appeals for the Ninth Circuit published an opinion in Bristol SL Holdings Inc. v. Cigna Health and Life Insurance Co., which has significant implications for the healthcare industry.
Originally...more
The White House has finalized the new Mental Health Parity rule, which focuses on increasing access to mental health/substance use disorder treatment through nonquantitative treatment limitations (NQTL) data and reporting,...more