Health Law Daily Wrap Up, WORTH NOTING—Other Health Law litigation and regulatory developments, (Aug 17, 2026)

By WK Editorial Staff

A roundup of other items of interest to the Health Law community.

PREEMPTION OF STATE LAW—N.D. Ill.:Order denying motion to dismiss based on preemption in suit alleging Mead Johnsons Enfamil Premature Formula caused infant to develop necrotizing enterocolitis (Inman v. Mead Johnson & Co., LLC, No. 1:22-cv-03737 (N.D. Ill. Aug. 5, 2026)).

GENERAL HEALTH CARE NEWS—ASPE REPORT: Aligning Initiatives to End the HIV Epidemic in the United States (ASPE Report, (Aug. 3, 2026)).

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—PRRB DECISIONS: PRRB Jurisdictional Decisions for June 2026 (PRRB Decision, No. JD 2026-06 (June 23, 2026)).

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—DAB DECISIONS: The ALJ denied the Provider’s request to vacate the dismissal of its hearing request pursuant to 42 C.F.R. § 498.72 because the Provider failed to establish good cause. The ALJ further concluded that, because no reconsidered determination had been issued, the Provider had no right to an ALJ hearing and the request for hearing was properly dismissed. (Pharmacy Specialist Group III Inc. d/b/a Faith Pharmacy v. CMS, DAB No. C-26-475, Ruling No. 2026-30 (July 13, 2026)).

ADMINISTRATION OF MEDICARE/MEDICAID PROGRAMS—DAB DECISIONS: The ALJ denied the Providers request to vacate the dismissal of its hearing request pursuant to 42 C.F.R. 498.72 because the Provider failed to establish good cause. The ALJ further concluded that, because no reconsidered determination had been issued, the Provider had no right to an ALJ hearing and the request for hearing was properly dismissed (Linh Cao Nguyen, M.D., DAB No. 3237, Doc. No. A-26-42 (July 22, 2026)).

COVID-19—E.D. Cal.: Order granting physician plaintiffs renewed motion for preliminary injunction in as-applied First Amendment challenge to the Medical Boards power to discipline physicians under Cal. Bus. & Prof. Code 2234 for their COVID-19-related speech pursuant to the Boards extra-statutory COVID misinformation policy (Kory v. Bonta, No. 2:24-cv-00001-WBS-AC (E.D. Cal. Aug. 5, 2026)).

GENERAL HEALTH CARE NEWS—ASPE REPORT: Producing Health: Capability, Capacity, and Competitive Discovery in the Health Economy (ASPE Report, (Aug. 3, 2026)).

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