Health Care Fraud in a Time of Increased Judicial Scrutiny
In June of last year, federal prosecutors charged over a dozen individuals with perpetrating a scheme involving $10.6 billion in fraudulent health care claims—the largest case of alleged health care...
View ArticleThe Governance Gap in Clinical AI
By the end of 2025, the U.S. Food and Drug Administration (FDA) had authorized more than 1,450 artificial intelligence-enabled medical devices, and the agency cleared 295 devices in 2025 alone....
View ArticleThe Department of Labor Should Put Down the Pen
One of the constant frustrations of the executive branch comes when an administration wants to enact a particular policy but the U.S. Congress—either deliberately or by omission—has not provided...
View ArticleAI Governance Starts at Home
Regulators have spent years telling everyone else how to manage artificial intelligence (AI) risk. Recently, the U.S. Department of Health and Human Services (HHS) has become one of the first large...
View ArticleWho Is Really in Charge of Drug Scheduling?
The U.S. Congress divided drug scheduling power—the authority to restrict use and penalize abuse of drugs—between the U.S. Drug Enforcement Administration (DEA) and the U.S. Department of Health and...
View ArticleAdding Autism Claims to the VICP Would Likely Destroy It
It is widely assumed that Robert F. Kennedy, Jr., Secretary of the U.S. Department of Health and Human Services (HHS), will soon inject his belief that childhood vaccines cause autism into our national...
View ArticleThe Growing Pains of the No Surprises Act
In an effort to protect patients from unexpectedly high medical bills for emergency services and certain non-emergency services from out-of-network providers, Congress enacted the No Surprises Act on...
View ArticleExpert Officers Under Political Supervision
Several years ago, I assigned my first-year Constitutional Law students briefs filed with the U.S. District Court for the Northern District of Texas in what was then Braidwood Management v. Becerra so...
View ArticleThe Price of Preserving Preventive Services Coverage
In a decision five years in the making, the U.S. Supreme Court upheld the constitutionality of the U.S. Preventive Services Task Force and preserved the requirement of the Patient Protection and...
View ArticleHow We Subsidize Care for Low-Income People
In April, the U.S. Supreme Court decided Advocate Christ Medical Center v. Kennedy, a case that concerns how hospitals that treat a large share of low-income patients are paid by the Medicare program....
View ArticleMaking Drugs Affordable Through Personal Importation
Branded as “delivering” a “most-favored-nation” (MFN) pricing policy, President Donald J. Trump’s May 12 executive order put drug companies on notice: Lower your prices to match those in other wealthy...
View ArticleTackling America’s High Drug Prices
President Donald J. Trump signed an executive order in early May directing pharmaceutical companies to lower prescription drug prices to align with those in other wealthy countries. The order,...
View ArticleWhat You Do Not Know Can Hurt You and Others
When the Francis Scott Key Bridge in Baltimore, Maryland, collapsed after it was struck by a container ship, six construction workers were killed. According to estimates made at the time, the state of...
View ArticleRegulating Health Care Plan Fiduciaries
Most non-elderly people in the United States receive their health care through employer-sponsored health insurance (ESI) plans selected by fiduciaries. These fiduciaries have legal responsibilities...
View ArticleCorrecting the Common Sense of “Biological Sex”
The Trump Administration’s ongoing efforts to erase the existence of transgender people are often defended in the name of the so-called “common sense” of “biological sex.” For instance, in Executive...
View ArticleA Loss for Public Participation
Overshadowed in the blitzkrieg of orders and actions of the Trump Administration that are seemingly intended to assert complete presidential control over the executive branch was a recent rule issued...
View ArticleAdministrative Changes that Decrease Transparency at HHS
During his confirmation hearings, Robert F. Kennedy, Jr., now the Secretary of the Department of Health and Human Services (HHS), said that his approach to administration at HHS would focus on...
View ArticleBiden Administration Closes With a Call for New Warning About Alcohol
Alcohol is the third-most preventable cause of cancer in the United States, after obesity and tobacco, according to an advisory issued last month by U.S. Surgeon General Vivek Murthy in his final days...
View ArticleReforming Digital Access to Opioid Addiction Medication
The U.S. Drug Enforcement Administration (DEA) and the U.S. Department of Health and Human Services (HHS) recently issued a rule extending—for the third time—COVID-19 pandemic-era flexibilities for...
View ArticleThe Spectrum of Gender-Affirming Care Regulations
In United States v. Skrmetti, the U.S. Supreme Court has agreed to decide whether a Tennessee law restricting gender-affirming care for transgender youth violates the Equal Protection Clause of the...
View Article
