On April 23, 2026, the Department of Justice (“DOJ”) issued an order immediately reclassifying Food and Drug Administration (“FDA”)-approved products containing marijuana and state-regulated medical marijuana and marijuana products as Schedule III rather than Schedule I drugs under the federal Controlled Substances Act (“CSA”). As part of this change, the […]
Health Law Alert
United Healthcare Defeats Website Tracking Suit
On March 31, 2026, United Healthcare (“UHC”) successfully moved to dismiss a class action arising from its purported use of third-party tracking technologies on its website. We’ve previously discussed automated tracking on websites, such as by using cookies, pixels, etc., in connection with “trap-and-trace” laws, including at our Health Law […]
A Timely Refresh on Ambulatory Surgery Centers and the Federal Anti-Kickback Statute
On March 4, 2026, the Office of Inspector General (“OIG”) issued Advisory Opinion No. 26-04 relating to investments in and transfers of ownership interests in an ambulatory surgery center (“ASC”). While most experienced health care administrators understand that the federal Anti-Kickback Statute (“AKS”) applies to ASC arrangements, many do not […]
New Proposed Legislation: H‑1Bs for Physicians and the Healthcare Workforce Act
On September 19, 2025, President Trump issued a Presidential Proclamation imposing a new requirement that employers pay a $100,000 fee before sponsoring a foreign worker for H‑1B status. The $100,000 fee applies only to new H‑1B petitions for foreign workers coming directly from abroad and does not apply to individuals […]
Vendor Discounts and the OIG—Where Things Stand After Recent OIG Advisory Opinion
On December 15, 2025, the OIG issued Advisory Opinion No. 25-11 dealing extensively with discounts from vendors. Vendor discounts raise anti-kickback concerns because, on their face, there is remuneration to a customer (in the form of a reduced price or rebate) in exchange for the customer’s purchase of goods or […]

