Industry Updates

On August 25, 2025, the Department of Health and Human Services Office of Inspector General (OIG) issued a new report (Report) highlighting trends in remote patient monitoring (RPM) Medicare billing, recommending stronger oversight to ensure compliance in billing for RPM services. The Report builds on OIG’s September 2024 report, which also called for increased oversight for RPM billing....By: Robinson+Cole Health Law Diagnosis

The One Big Beautiful Bill Act (OBBBA) was signed into law on July 4, 2025. A sweeping piece of legislation that reshapes healthcare financing and delivery across Medicaid, Medicare, and the insurance marketplaces, the bill will have significant impacts on the healthcare sector. Much of the public commentary has focused on dire predictions that millions will lose coverage. While those headlines capture the scale of disruption, healthcare leaders should pay close attention to the regulatory...By: Greenbaum, Rowe, Smith & Davis LLP

The United States District Court for the District of Montana, applying Montana law, has held that two class-action lawsuits regarding rental management agreements filed during different policy periods were “Related Claims” and subject to a single limit of liability. The insured developed condominium-hotels in several states....By: Wiley Rein LLP

General and products liability policies are a cornerstone of risk management for businesses, providing protection against alleged liability because of bodily injury, property damage, and personal or advertising injury claims. These policies are often paired with self-insured retentions (SIRs). Although some policies with SIRs may provide “first dollar” coverage, particularly for defense costs, an SIR typically represents the amount of covered loss a company agrees to pay out of pocket before the...By: Pillsbury - Policyholder Pulse blog

Market pressures, regulatory changes, and capital requirements are driving health systems to reassess the role of provider-sponsored health plans (PSHPs) in their broader enterprise strategies. In many cases, these conversations open doors to new partnership structures and strategic alignment between clinical operations and financial risk. This webinar will......By: McDermott Will & Schulte

On August 21, 2025, the Federal Deposit Insurance Corporation (FDIC) published a proposed rule with several key changes to its FDIC Official Sign and Advertising Rule, only two years after it adopted requirements that were originally scheduled to take effect earlier this year (that were delayed due to concerns regarding implementation and consumer confusion)....By: Davis Wright Tremaine LLP

We are in a busy season for regulations, as discussed in last week’s Regs & Eggs blog post. One Centers for Medicare & Medicaid Services (CMS) rule now under review at the Office of Management and Budget (OMB) will be of particular interest to Medicare Advantage (MA) and Medicare Part D stakeholders: a second final rule making policy and technical changes to the MA and Part D programs for 2026 and future years....By: McDermott+

Residential real estate development is a high-stakes business. Managing financing, construction timelines, local approvals, and ultimate sales can lead even experienced developers to overlook critical details that may have costly consequences. Working with developers across Virginia, we’ve seen three recurring mistakes that can slow or sink a project. Here’s what to avoid to set your development up for success....By: Sands Anderson PC

At the beginning of July, SEC Chair Paul Atkins painted a picture: tokenization was the “next step” in the evolution of securities. Generally, tokenization entails creating a digital representation of a real-world asset — like currency, real estate, or art — on a blockchain. Tokenized assets are a form of “crypto asset,” i.e., assets issued or transferred on a distributed ledger or blockchain. On the last day of July, Atkins primed the canvas for tokenized securities by launching “Project...By: Carlton Fields

Health care is a consistently active area for policymakers on Capitol Hill. This alert highlights five health policy issues to watch as Congress returns from August recess. While the fiscal year 2026 (FY26) appropriations process has been moving forward, the progress has been uneven, and the outlook remains uncertain. The House Appropriations Committee has reported…...By: Akin Gump Strauss Hauer & Feld LLP

ERISA – Attorneys’ Fees and Social Security Disability Offset - In Stark v. Reliance Standard Life Insurance Co., the Tenth Circuit Court of Appeals affirmed a district court order dismissing ERISA claims brought by the guardian of the beneficiary of a long-term disability (LTD) plan....By: Carlton Fields

Chris Popov and Jamie Leader frequently advise private equity clients before, during, and after a major acquisition or divestiture regarding the issues that arise after a closing and lead to a material dispute. This presentation series will address drafting considerations that can smooth the path to efficient resolution and issues to keep in mind when post-closing disputes do arise. Topics will include: post-closing adjustments, claims that implicate reps and warranties insurance, expedited or...By: Vinson & Elkins LLP

The U.S. medical system is already the costliest in the world, with much poorer outcomes than achieved in peer nations. It’s getting worse. The Republican Congress, combined with major policies the administration is putting in place, targeted the poor, aged, children, and middle-class Americans, slashing at federal programs on which millions have relied....By: Patrick Malone & Associates P.C. | DC Injury

Northern District Finds Modified Employer’s Liability Exclusion In Policy Ambiguous - The general contractor for a construction project hired DJ Heating & Cooling to perform HVAC work at the project and Rocker II Drywall Services, LLC, to install sheetrock. Rocker purchased its sheetrock from a supplier that hired Jumpstart Reality LLC to provide laborers to distribute the sheetrock at the project....By: Rivkin Radler LLP

Construction remains one of the last industries where the product is truly handmade. Even in an age of automation, buildings are assembled by dozens and dozens of trades coordinating on-site—often under immense pressure. When teams are aligned, it’s an orchestra. When they’re not, it’s a lawsuit waiting to be filed....By: Stoel Rives LLP

Physicians generally do not have direct standing to bring a claim for benefits under an ERISA group health plan. Rather, a physician’s standing derives from the patient’s status as a plan participant and must be assigned....By: Haynes Boone

We are living through the most dynamic regulatory and commercial moment for artificial intelligence since the advent of cloud computing. Contract standards and supervisory expectations are being shaped in real time, propelled by the extraordinary velocity of technical change and the breadth of AI’s impact across ethical, anthropological, and legal domains....By: DLA Piper

Declining to find any of the insurer’s proffered exclusions applicable, a federal district court in Minnesota sided with the insured — a strip club that was sued for using models’ images without permission in its online advertising efforts. The district court granted the insured club’s motion for summary judgment, finding that the policy’s businessowners liability coverage section afforded coverage for the underlying false advertising suit, since the insurer had not met its burden to establish...By: Carlton Fields

After taking a brief hiatus since the 2024 Fall National Meeting, the National Association of Insurance Commissioners’ Third-Party Data and Models (H) Working Group began shaping its focus. Based on a regulatory survey of current state frameworks, issues to be solved, and the definition of “third party,” the group began developing a framework to assess third-party data and models....By: Carlton Fields

In a press release published August 25, New York Senators James Skoufis, Jamaal Bailey, and Brian Kavanagh announced a joint investigation into residential property insurance. The purpose of the investigation is “to identify the causes of reported increases in premiums and other obstacles to insuring new and existing single- and multi-family homes, including those occupied by homeowners and renters, and to identify legislation and policy changes that New York State should implement.”...By: Troutman Pepper Locke

ACI's virtual 6th Annual Passport to Proficiency on Rx Drug Pricing & Rebate Fundamentals will help you master the fundamentals, comprehend the consequences of new developments, and prepare for the complexities and nuances of pricing and rebate concepts....By: American Conference Institute (ACI)

When it comes to selecting a general contractor for a construction project, owners’ typical considerations are clear: the contractor’s experience, its vision for the job, the quality of its work, and — of course — price. Likewise, when a subcontractor is deciding whether to bid for a scope of work on a project, it primarily thinks about the general contractor’s skill in coordinating trades, its ability to be the sub’s advocate with the architect or owner, and — of course — price. Originally...By: Stoel Rives LLP

On August 15, 2025, Illinois Governor J.B. Pritzker signed into law the Neonatal Intensive Care Leave Act (NICLA). NICLA will require employers with 16 or more employees to provide certain amounts of unpaid leave (depending on the size of the employer) to all employees while any child of the employee is a patient in a neonatal intensive care unit....By: FordHarrison

The moment a traumatic brain injury occurs, everything changes for you and your family. Unlike a broken bone that heals or a cut that leaves a scar, brain injuries create invisible wounds that can permanently alter personality, memory, and cognitive function. When these injuries result from someone else’s negligence, the legal journey ahead becomes far more complex than typical personal injury cases because they involve higher stakes, the need for complex medical evidence, and unique legal...By: Mandelbaum Barrett PC

On August 13, 2025, the Innovation, Cybersecurity, and Technology (H) Committee (“H Committee”) of the US National Association of Insurance Commissioners (“NAIC”) met at the NAIC’s Summer 2025 National Meeting in Minneapolis, Minnesota....By: Mayer Brown

The Climate and Resiliency (EX) Task Force (“CRTF”) of the US National Association of Insurance Commissioners (“NAIC”) met on August 11, 2025 at the NAIC’s Summer 2025 National Meeting in Minneapolis, Minnesota. In addition to routine matters, such as adoption of the minutes from the CRTF meeting on March 26, 2025, the CRTF addressed the following matters....By: Mayer Brown

During the Summer 2025 National Meeting of the US National Association of Insurance Commissioners (“NAIC”) in Minneapolis, Minnesota, the Big Data and Artificial Intelligence (H) Working Group (“BDAI WG”) met on August 12, 2025. Most of the meeting was used to gather feedback from interested parties on the potential development of a NAIC model law on the use of artificial intelligence (“AI”) in the insurance industry....By: Mayer Brown

Earlier this summer, the White House confirmed that President Trump is actively reviewing policy proposals developed in response to his executive order (“EO”) aimed at expanding access to in vitro fertilization (“IVF”). Signed on February 18, 2025, the EO acknowledges the importance of family formation and the high financial barriers to fertility treatments....By: Sheppard Mullin Richter & Hampton LLP

On August 18, 2025, the United States District Court for the Northern District of Texas denied Plaintiff Elevance Health’s (“Elevance”) motion for summary judgment against HHS and CMS. Elevance’s lawsuit alleges that HHS and CMS rated five of Elevance’s Medicare Advantage contracts based on calculations that were “arbitrary and capricious and contrary to law,” and ultimately in violation of the Administrative Procedure Act (“APA”)....By: King & Spalding

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: • FTC Sues LA Fitness to Cancel Unfair Membership Cancellation Practices - • Texas AG Investigates Baby Food Companies Over Heavy Metals - • NY AG Puts Mental Health Ghost Network to Rest - • Bipartisan AGs Urge Tech Platforms to Take Action Against Nonconsensual Deepfake Imagery-...By: Cozen O'Connor