In Bradford v. Sovereign Pest Control of Texas, Inc., the U.S. Court of Appeals for the Fifth Circuit held that the Telephone Consumer Protection Act (TCPA) does not require “prior express written consent” for telemarketing...more
3/2/2026
/ Appellate Courts ,
ATDS ,
Auto-Dialed Calls ,
Class Action ,
Consent ,
Do Not Call List ,
FCC ,
Prior Express Consent ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telemarketing
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In an unpublished memorandum decision, the Ninth Circuit in R.R. v. California Physicians’ Service d/b/a Blue Shield of California, affirmed the insurer and administrator’s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 January 6, the Federal Communication Commission’s (FCC) Consumer and Governmental Affairs Bureau issued an order further extending the effective date of the Telephone Consumer Protection Act (TCPA) “revoke-all” requirement...more
1/8/2026
/ Compliance Dates ,
Consent ,
Consumer Protection Laws ,
FCC ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Revocation ,
Robocalling ,
Rulemaking Process ,
TCPA ,
Telecommunications ,
Telemarketing ,
Time Extensions
Colorado House Bill 25-1002, effective January 1, 2026, amends Colorado Revised Statutes § 10-16-104(5.5) to require health benefit plans to use nationally recognized, not-for-profit clinical criteria when making coverage and...more
12/16/2025
/ Colorado ,
Denial of Insurance Coverage ,
Health Insurance ,
Healthcare ,
Insurance Commissioners ,
Insurance Industry ,
Insurance Regulations ,
Mental Health ,
MHPAEA ,
New Legislation ,
Regulatory Oversight ,
Regulatory Requirements ,
State and Local Government ,
Substance Abuse ,
Utilization Review
A coalition of hospital associations and individual safety‑net providers recently filed suit in the U.S. District Court for the District of Maine challenging the Health Resources and Services Administration’s (HRSA) newly...more
12/10/2025
/ Administrative Procedure Act ,
Covered Entities ,
Drug Pricing ,
Health Care Providers ,
Healthcare ,
Hospitals ,
HRSA ,
Pharmaceutical Industry ,
Prescription Drugs ,
Rebates ,
Reimbursements ,
Rulemaking Process ,
Section 340B
Private equity’s footprint in health care has expanded rapidly over the past decade, and in response states have begun to retool long‑standing doctrines and create new guardrails that target ownership, control, and...more
12/4/2025
/ Acquisitions ,
Corporate Practice of Medicine ,
Disclosure Requirements ,
Enforcement Actions ,
Healthcare ,
Hedge Funds ,
New Legislation ,
Private Equity ,
Regulatory Oversight ,
REIT ,
Reporting Requirements ,
State and Local Government ,
State Attorneys General ,
State Legislatures
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
In an unpublished decision, the Ninth Circuit affirmed summary judgment in favor of a debt collector defendant, finding that the bona fide error defense applied to the debt collector’s efforts to collect a debt that may have...more
11/17/2025
/ Affirmative Defenses ,
Appeals ,
Appellate Courts ,
Consumer Protection Laws ,
Debt Collection ,
Debt Collectors ,
FDCPA ,
Litigation Strategies ,
Motion for Summary Judgment ,
Statutory Interpretation ,
Summary Judgment
Effective September 1, 2025, SB 140 significantly expanded Texas’ telephone solicitation statute. SB 140 expressly covers text messages and similar electronic communications and introduced a direct private right of action...more
11/17/2025
/ Consent ,
Disclosure Requirements ,
New Legislation ,
Private Right of Action ,
Registration Requirement ,
Regulatory Requirements ,
State Attorneys General ,
Telecommunications ,
Telemarketing ,
Texas ,
Text Messages ,
Unfair or Deceptive Trade Practices ,
Unsolicited Phone Calls
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
In an unpublished case, the U.S. Court of Appeals for the Third Circuit held that actions to obtain a judgment and enforce that judgment in a collection lawsuit filed outside the statute of limitations do not create a...more
10/14/2025
/ Appeals ,
Automotive Loans ,
Borrowers ,
Creditors ,
Debt Collection ,
Default Judgment ,
FDCPA ,
Financial Services Industry ,
Motion to Dismiss ,
Notice of Default ,
Statute of Limitations
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
The Federal Communication Commission (FCC) has finalized its rule under the Telephone Consumer Protection Act (TCPA), addressing prior express consent requirements for sellers to send advertisements and telemarketing notices...more
After a debt collector filed suit to collect an expired debt, the U.S. Court of Appeals for the Fourth Circuit held that the debt collector could not later compel arbitration of the debtor’s class action because arbitration...more
8/5/2025
/ Appellate Courts ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Debt Collection ,
Debt Collectors ,
Dispute Resolution ,
Federal Arbitration Act ,
Financial Services Industry ,
Motion to Compel ,
Statute of Limitations
California Senate Bill 940 (SB 940), enacted in late 2024, introduces several key changes to arbitrations involving “consumer contracts,” which is defined as a contract prepared by a seller and signed by a consumer for the...more
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
Yesterday, Federal Communications Commissioner Olivia Trusty announced the appointment of several members to her team stating, “I am pleased to announce the talented individuals who will be joining my team. Each brings a...more