News & Analysis as of July 23, 2025

First Amendment › Health Care Providers

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Nursing Impact Litigation – A Tale of Two Matters

Fennemore on 3/18/2025

This article highlights legal disputes central to APRNs’ ability to practice independently, the use of professional titles, insurance discrimination, and broader healthcare competition dynamics. Around the country, Advanced...more

FDA Finalizes Guidance on Communication of Scientific Information on Unapproved Uses and Releases Updated First Amendment Analysis

Ropes & Gray LLP on 1/14/2025

On January 7, 2025, FDA published a final guidance entitled Communications From Firms to Health Care Providers Regarding Scientific Information on Unapproved Uses of Approved/Cleared Medical Products - Questions and Answers...more

FDA Finalizes Guidance on Scientific Information on Unapproved Uses (SIUU)

King & Spalding on 1/14/2025

Final Guidance Further Expands Scope of Permissible Proactive Off-Label Communications - On January 6, 2025, FDA finalized its guidance entitled Communications From Firms to Health Care Providers Regarding Scientific...more

Telehealth’s Roadblock: The Issue with State Licensure Requirements

Epstein Becker & Green on 2/1/2024

Use of telehealth services has surged since the COVID-19 pandemic; however, this increase in use does not come without limitations. Telehealth providers are subject to regulations, which differ by state, that govern various...more

Federal Appeals Court Won't Delay New York Vaccine Mandate for Health Care Workers

Parker Poe Adams & Bernstein LLP on 11/12/2021

The Second Circuit Court of Appeals rejected a motion last week for a preliminary injunction filed by health care workers who object to a New York state COVID-19 vaccination mandate. The New York mandate contains medical...more

June 2021: The Top 19 Labor And Employment Law Stories

Fisher Phillips on 7/7/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Court Enjoins Federal Government from Enforcing Key Provisions of Executive Order 13950

ArentFox Schiff on 12/28/2020

In a major setback for the Trump administration, US District Court Judge Beth Labson Freeman, of the US District Court for the Northern District of California, issued a nationwide injunction, barring the federal government...more

Missouri Supreme Court To Decide Constitutionality Of Public Labor Reform Law

Husch Blackwell LLP on 12/15/2020

On November 16, 2020, the Missouri Supreme Court heard oral arguments in the case of Missouri National Education Association, et al. v. Missouri Department of Labor and Industrial Relations, et al., Ferguson-Florissant School...more

FDA Proposes Modified “Intended Use” Regulations

Troutman Pepper Locke on 10/1/2020

In its latest effort to provide direction and clarity to regulated industry and stakeholders, on September 23, the U.S. Food and Drug Administration (FDA) published a proposed rule and preamble amending its medical product...more

This Week at The Ninth: Informational Injury and Union Dues

Morrison & Foerster LLP - Left Coast Appeals on 9/20/2020

This week, we examine one Ninth Circuit decision exploring the extent to which the deprivation of information and statutorily-conferred powers can satisfy Article III’s injury-in-fact requirement, and a second declining to...more

Best Practices For Addressing Negative Social Media Posts Caused By The COVID-19 Pandemic

Fisher Phillips on 8/6/2020

As the COVID-19 pandemic continues, the healthcare industry is understandably fraught with unease and uncertainty. This, coupled with the ubiquity of social media, creates challenges for healthcare providers facing public...more

D.C. District Court Upholds Rule Requiring Hospitals To Disclose Privately Negotiated Insurances Prices

Troutman Pepper Locke on 6/26/2020

On June 23, the U.S. District Court for the District of Columbia dismissed a challenge to a federal rule requiring hospitals to disclose prices they privately negotiated with insurers....more

Frontline Reports From Healthcare Employees On COVID-19 Challenges May Constitute Protected Activity

Fisher Phillips on 5/19/2020

Social and traditional media has been buzzing with reports that healthcare providers – from nurses to physicians – are being discharged because they have publicly shared negative frontline experiences treating COVID-19...more

Responding to Healthcare Employee Concerns in the COVID-19 Age

Orrick - Employment Law and Litigation on 4/3/2020

As the battle against COVID-19 intensifies, healthcare workers have become vocal about their perceptions of deficiencies surrounding patient care and safety within their workplaces and have expressed their views publicly on...more

Hospital Price Transparency Final Rule

Faegre Drinker Biddle & Reath LLP on 12/10/2019

The Centers for Medicare and Medicaid Services (CMS) published the Price Transparency Requirements for Hospitals to Make Standard Charges Public Final Rule (the Final Rule, effective January 1, 2021), in the Federal Register...more

Despite Issuance of Final Rule on Price Transparency, Are Health Care Rates Too Complicated to Be “Consumer Friendly”?

Epstein Becker & Green on 12/9/2019

The Centers for Medicare & Medicaid Services (“CMS”) recently issued a final rule requiring hospitals to publicly disclose their rates, including negotiated rates with third-party payors regardless of product line, by January...more

California Supreme Court to Issue Opinion on Monday, July 22 in Anti-SLAPP Case Affecting Pending Peer Review Cases and Peer...

Nossaman LLP on 7/22/2019

On May 7, 2019, the California Supreme Court heard oral arguments in Wilson v. Cable News Network, Inc., et al., where plaintiff was a producer at CNN who sued the media giant for employment discrimination, retaliation,...more

Healthcare Law Update: July 2019

Holland & Knight LLP on 7/10/2019

CMS Regulation - District Court Strikes Down Rule Mandating Price Disclosure in DTC Pharmaceutical Advertisements - The U.S. Department of Health and Human Services (HHS), together with the Centers for Medicare &...more

A Dialogue With Corporate Counsel: Skadden’s Eighth Annual Pharmaceutical and Medical Device Seminar

Skadden, Arps, Slate, Meagher & Flom LLP on 12/13/2018

On October 30, 2018, Skadden hosted its Eighth Annual Pharmaceutical and Medical Device Enforcement and Litigation Seminar in New York City, which focused on U.S. enforcement issues faced by companies throughout the industry....more

Enforcement and Litigation Strategies: Skadden’s Eighth Annual Pharmaceutical, Biotechnology and Medical Device Seminar

Skadden, Arps, Slate, Meagher & Flom LLP on 3/30/2018

On March 15, 2018, Skadden hosted its Eighth Annual Pharmaceutical, Biotechnology and Medical Device Seminar in Palo Alto, California, which focused on U.S. enforcement issues faced by companies throughout the industry. The...more

A Dialogue With Corporate Counsel: Skadden’s Seventh Annual Pharmaceutical and Medical Device Seminar

Skadden, Arps, Slate, Meagher & Flom LLP on 12/5/2017

Panelists examined major enforcement actions from 2017 and identified key trends. Aggressive Enforcement With a Decrease in High-Dollar Settlements. Panelists noted that the Department of Justice (DOJ) continues its...more

How an Uncommonly Silly Law Led to a Host of Very Consequential Supreme Court Decisions

Cohen & Gresser LLP on 10/19/2017

In 1879, Connecticut passed a law barring the use of “any drug, medicinal article or instrument for the purpose of preventing conception”; the penalty was“not less than fifty dollars” or between 60 days and one year in...more

Ninth Circuit Panel Rejects Challenges to a California City’s Misleading Commercial Speech Ordinance - Local Governments’...

Best Best & Krieger LLP on 7/12/2017

Recently, the U.S. Ninth Circuit Court of Appeals affirmed local governments’ authority to adopt regulations that prevent the use of false or misleading statements in the solicitation or provision of services....more

Beyond the Label: FDA Addresses Permissible Scope of Communications With Payors and Physicians

Troutman Pepper Locke on 1/31/2017

The draft guidances create a grey area between “on-label” and “off-label” communications that will require careful navigation as manufacturers develop HCEI analyses and promotional communications....more

FDA Announces Dates for Long-Awaited Public Hearing on Its Regulation of Off-Label Communications

Mintz - Health Care Viewpoints on 9/2/2016

Times, They Are A-Changin’ - On Wednesday, FDA announced that it will hold a two-day public hearing on November 9th and 10th to obtain input from a broad cross-section of the health care industry, including...more

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First Amendment › Health Care Providers

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