Lexology July 31, 2025
This month’s summary features landmark Supreme Court of the United States decisions on preventive care under the Affordable Care Act (ACA) and gender-affirming care. We also discuss enforcement actions focusing on allegations under the federal Anti-Kickback Statute (AKS), the False Claims Act (FCA), and other fraud and abuse laws. This issue examines three advisory opinions issued by the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) regarding a telehealth employee lease agreement, a proposed arrangement for a medical device company to cover the cost of exclusion checks for its customers, and a proposed arrangement under which a manufacturer would pay up to $2,500 for actual injuries caused by device failure during a warranty period. We...
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