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    • GENERAL HEALTH CARE NEWS—9th Cir.: Panel majority stays injunction against Idaho enforcing abortion bans in medical judgment situations
    • ADMINISTRATION OF FDC ACT—NOTICES: HHS announces enforcement policy regarding use of certain peptide bulk drug substances in compounding
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    • DISPROPORTIONATE SHARE HOSPITALS—D.D.C.: HRSA’s prospective-only registration regime likely a reasonable procedural mechanism implied by agency’s powers
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    • FALSE CLAIMS ACT—D. Kan.: Relator’s third amendment motion denied for prejudicial attempt to replead abandoned theory
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    • MEDICAL DEVICES—FINAL RULES: FDA classifies OTC sleep apnea device
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    • MEDICAL DEVICES—FINAL RULES: FDA classifies software-aided adjunctive diagnostic device
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    • MEDICARE SECONDARY PAYER—D. Haw.: Medicare benefits assignee has standing to sue, valid lawsuit against regional transit operator
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    • ORGAN PROCUREMENT AND TRANSPLANTATION—FINAL RULES: CMS finalizes organ procurement rule clarifying competition, decertification standards
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    Health Law Daily Wrap Up, FALSE CLAIMS ACT—D. Kan.: Relator’s third amendment motion denied for prejudicial attempt to replead abandoned theory, (Nov 3, 2026)

    Law Firms Mentioned:Bradley Arant Boult Cummings LLP | Donelon, P.C.
    Organizations Mentioned:Surgical Care Affiliates, LLC

    By Justin Marcus Smith, J.D.

    The relator should have pursued the discovery needed to support the “false unbundling” theory from the outset, and she later abandoned it without reserving the possibility of repleading it.

    A qui tam relator did not establish good cause ...

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