Industry Updates

Riding a bicycle is a great way to unwind, do some light cardio, and strengthen your muscles. It is no wonder that so many people in California enjoy biking, especially with the fantastic weather in this State. But did you know that you are required to know and adhere to the bicycling rules of California before you hop on your bike?...By: Maison Law

The FTC has reached proposed settlements with Assurance IQ, LLC and MediaAlpha, Inc., resolving allegations that the companies misled consumers into buying health insurance plans without the promised coverage and subjected many to unwanted telemarketing and robocalls....By: Cozen O'Connor

The Legislation combines spending and policy priorities from 11 congressional committees and will reshape federal policy across nearly every sector of the U.S. economy. With respect to healthcare, more than 35 provisions relating to healthcare were included in the Legislation and will drive significant changes in the healthcare delivery system....By: BakerHostetler

The Centers for Medicare & Medicaid Services recently published the calendar year (“CY”) 2026 proposed rule for Medicare payment for services provided in hospital outpatient departments under the Outpatient Prospective Payment System (“OPPS”) and services provided in ambulatory surgery centers (“ASCs”) (“the Proposed Rule”). Comments are due by September 15, 2025....By: Sheppard Mullin Richter & Hampton LLP

In the home health care business? Whether a franchisor, franchisee, or independent agency, beware of bodily injury exclusions in professional liability policies that could eliminate coverage for otherwise covered claims....By: Bradley Arant Boult Cummings LLP

When a plan administrator selects an insurer to provide annuities for a retirement plan subject to ERISA, it is engaging in a fiduciary act that must be conducted prudently. Mistakes in this process can expose the plan administrator to significant liability and jeopardize retiree security. This article explains how to leverage available guidance and offers practical tips to document and defend your selection process....By: Bradley Arant Boult Cummings LLP

- What is new: The PRA has published a policy statement finalising reforms to the UK insurance special purpose vehicles regulatory framework, including changes to funding, grace periods, authorisation and contract flexibility. - Why it matters: These reforms aim to enhance the attractiveness and competitiveness of UK ISPVs while maintaining safety standards, and are relevant to UK insurance companies and investors in ISPVs. - What to do next: Companies may want to review the new rules and...By: Skadden, Arps, Slate, Meagher & Flom LLP

The UK Financial Conduct Authority (FCA) has published Handbook Notice 132, outlining legislative and technical updates to the FCA Handbook made by the statutory instruments set out below. - Non-Financial Misconduct Instrument 2025, enters into force on 1 September 2026 and amends the Code of Conduct sourcebook (COCON) and extends FCA rules on non-financial misconduct to non-banks....By: A&O Shearman

Many employers have faced the same “knot in the stomach” moment during insurance renewal season. We’re all too familiar with the stress of inexplicably rising health care costs, especially when group plan risk pools take an unexpectedly negative turn......By: Kohrman Jackson & Krantz LLP

The American Law Institute approved a controversial new provision of the Restatement of Torts, Third expanding vicarious liability to employers for certain sexual assaults committed by employees against third parties who are “particularly vulnerable.” The Special Rule, if adopted by the courts, would expand risk and exposure for employers across a host of industries....By: Morgan Lewis

The insurance industry is facing increased scrutiny from insurance regulators related to its use of artificial intelligence (AI). Red teaming can be leveraged to address some of the risks associated with an insurer’s use of AI....By: Troutman Pepper Locke

Kilpatrick’s Greg Silberman recently led a session at the 21st annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) on “Faulty Intelligence: Responding to an AI Incident”, focusing on how legal, security, and product teams should prepare for and manage model-driven failures. The discussion examined incident classification through a four-element lens (risk domain, failure mode, lifecycle, and ownership) and provided strategies for rapid stabilization, evidence preservation,...By: Kilpatrick

On August 8, 2025, Governor Tony Evers signed Senate Bill 14, now 2025 Wisconsin Act 22, which establishes new informed consent requirements for pelvic examinations. This Act requires hospitals to obtain written informed consent from a patient prior to performing a pelvic examination solely for educational purposes while the patient is under general anesthesia or otherwise unconscious. This legislation also mandates that hospitals implement written policies and procedures for obtaining informed...By: Husch Blackwell LLP

Virtually every insurance policy contains specific duties required of an insured in the event of loss. Typically, an insured's duties, which may be modified by endorsement, include claim reporting or claim notice requirements, cooperating with the claim investigation, and submitting required information or documents to substantiate the loss, such as inventories, inspections and examinations under oath. Originally published by Law360 - August 12, 2025....By: Zelle LLP

Getting injured in an accident can impact all aspects of your daily life. It can lead to costs you weren’t expecting, and it can prevent you from working the hours you need to pay your bills on time. It can also leave you in pain, and your pain can prevent you from spending meaningful time with your friends and loved ones. As Florida personal injury lawyers, we understand these consequences all too well....By: Searcy Denney Scarola Barnhart & Shipley

Stakeholders in the Medicare value-based care world have without a doubt heard of the Merit-based Incentive Payment System (MIPS), MIPS Value Pathways (MVPs), and alternative payment models (APMs). While all these initiatives are related (MVPs are a pathway for reporting MIPS, and participation in MIPS and APMs are options under the Quality Payment Program), the Centers for Medicare & Medicaid Services (CMS) recently answered the question, what happens when you combine different pieces of all...By: McDermott+

In the first FCPA declination under the Trump Administration, Liberty Mutual Insurance Company paid $4.7 million in disgorgement and received a declination letter from the Department of Justice. The declination reflects consistent application of the existing Corporate Enforcement Policy....By: The Volkov Law Group

It has been a busy summer for telehealth updates. Following is a high-level summary of the latest developments. On June 6, 2025, the Office of Inspector General of the U.S. Department of Health and Human Services (the “OIG”) issued an advisory opinion (25-03), which may provide a model for structuring telehealth collaborations that are compliant with federal and state laws and enable expanded patient access, particularly in rural and underserved communities....By: Dickinson Wright

Starting July 1, Florida law will require builders of newly constructed homes to provide a mandatory 1-year warranty against material construction defects. The new statute, Section 553.837, Florida Statutes, establishes minimum warranty standards and remedies, and will have significant implications for residential builders, developers, and real estate professionals operating in Florida. Learn more about what the warranty does and does not cover here....By: Phelps Dunbar

Today’s retail operations depend on far more than the products on store shelves or the design of an ecommerce site. Behind the scenes, a fulfilment provider may rely on regional couriers, a payment processor on a cloud host, and a call center on an outsourced customer service team. These multi-tiered networks enable retailers to meet rising expectations for speed, convenience, and availability, but they also introduce points of failure that can disrupt service, delay deliveries, or compromise...By: Morgan Lewis - Tech & Sourcing

On August 4, 2025, CMS issued a final rule (Final Rule) updating payment rates, policies, and quality programs for Skilled Nursing Facilities (SNFs) under the Medicare Prospective Payment System (SNF PPS) for Fiscal Year (FY) 2026, effective October 1, 2025. The Final Rule also finalizes changes to the Patient-Driven Payment Model code mappings, SNF Value-Based Purchasing Program, and the SNF Quality Reporting Program....By: King & Spalding

On August 7, 2025, the White House issued an Executive Order titled “Guaranteeing Fair Banking for All Americans,” which is intended to address instances of unfair discrimination in banking decisions by financial institutions driven by reputational, political, religious, and other criteria not based on risk-based analysis. Specifically, the Executive Order addresses “politicized or unlawful debanking,” which is defined to include acts “by a bank, savings association, credit union, or other...By: Foley & Lardner LLP

On July 17, 2025, the U.S. Court of Appeals for the Fourth Circuit held that a federal district court was “within bounds to order a do-over” in the case of Ron Elfenbein, a Maryland doctor who was found guilty of COVID-19-related health care fraud in 2023 in connection with upcoding and false documentation....By: Epstein Becker & Green

The demographic shift toward an aging population has thrust the coordination of long-term care insurance and Medicaid benefits into the spotlight of elder law practice. For practitioners advising individuals on long-term care planning or advising providers on reimbursement strategies, understanding how these funding mechanisms interact is essential to effective representation....By: Stotler Hayes Group, LLC

Conyers has recently seen a significant increase in the use of trusts in the structuring of insurance transactions entered into by Cayman Islands licensed insurers in addition to their continued use in structuring the ownership of the insurers themselves. This note will highlight the various ways Cayman Islands trusts are used to facilitate off-balance sheet Special Purpose Vehicle (SPV) structuring aspirations, as well as scenarios where trusts are required to hold underlying policies of...By: Conyers

In a win for Wiley’s client, a Florida federal court held that a professional services exclusion barred coverage for underlying litigation arising out of the insured’s faulty DNA analysis services. A DNA laboratory provided DNA analysis services for a forensics firm to support its client’s legal claims against various individuals. One individual contested the insured’s DNA analysis and filed a third-party claim against the forensics firm...By: Wiley Rein LLP

Earlier this year, the Centers for Medicare and Medicaid Services (CMS) confirmed that, effective January 1, 2025, CMS will pay for acute kidney injury (AKI) renal dialysis treatments at-home at the daily rate based on hemodialysis-equivalent treatments (See “ESRD & Acute Kidney Injury Dialysis: CY 2025 Updates”).  ...By: Pullman & Comley - Connecticut Health Law

Insurance policies often incorporate assignment clauses, which require policyholders to obtain their insurers’ written consent before assigning their insurance policies to others. For example, the ISO Common Policy Conditions Form, which is often used in commercial liability insurance policies, including package policies, precludes policy assignments under Section F: “Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an...By: Bradley Arant Boult Cummings LLP

As the healthcare industry grapples with the impact of the 2025 Comprehensive Reform Act, which was signed into law on July 4, 2025, offering benefits to its own employees continues to be both a tool for employee retention and an area of additional regulatory complexity. Healthcare industry employers, in their role as plan sponsor, combat an increasingly complex terrain. This includes compliance with the Affordable Care Act (“ACA”) and health plan nondiscrimination rules. At the same time, with...By: Saul Ewing LLP

On August 6, the UK Financial Conduct Authority ("FCA") released its findings following a multi-firm review of climate reporting by asset managers, life insurers and FCA-regulated pension providers....By: Jones Day