Health Trending Topics

To help with your writing efforts, here’s what people are looking for in Health Law online. Trending topics culled from JD Supra, search analytics, social media conversations, and other sources:

Push-Back Mounts Over Use of AI as Health Care Aid 

Consider writing about:

Recent scrutiny of the use of AI tools to provide health care services; practices that are drawing the scrutiny of legislators, regulators, or others; enforcement actions, legislation, lawsuits, or other actions of note; any interesting patterns that may be developing across jurisdictions; what else AI developers or health care practitioners should know about these or similar developments, and how to address concerns and reduce risk.

Related information:

https://www.pa.gov/governor/newsroom/2026-press-releases/shapiro-administration-sues-character-ai-over-fake-medical-claim

https://www.capitol.tn.gov/Bills/114/Bill/SB1580.pdf

Mental Health Developments Worth Noting 

Consider writing about:

Mental health-related developments, in time for May’s designation as Mental Health Awareness Month. Take your pick of newer or ongoing issues, whether they be legal disputes involving insurance coverage, or workplace issues involving employer obligations, best practices, or potential liability risks. What significant legal developments or trends are you seeing these days on the mental health front? What are the flashpoints for disagreement or misunderstanding? How have healthcare or insurance industry responses, or employer responses, to individuals’ mental health challenges evolved over the years?

With Makary Out, What’s Next for the FDA? 

Consider writing about:

The May 12 resignation of Marty Makary as commissioner of the U.S. Food and Drug Administration; highlights (or “lowlights”) of his term as FDA head; whether Makary left any kind of pronounced stamp on the FDA during his time there; potential candidates as his successor; top challenges or priorities for the FDA this year; what stakeholders should be watching for from the next FDA commissioner.

Related information:

https://www.npr.org/2026/05/12/nx-s1-5819722/fda-commissioner-makary-resigns

Envisioning a New Path for Psychedelics 

Consider writing about:

The significance of a recently signed Executive Order regarding psychedelic drugs; how the order stands to impact the use of such drugs for mental health purposes; key actions that the Executive Order directs federal agencies to take; limitations that will still exist on psychedelics, even in the wake of the Executive Order; what else the health care sector should know about the Executive Order’s practical effects.

Related information:

https://www.whitehouse.gov/presidential-actions/2026/04/accelerating-medical-treatments-for-serious-mental-illness

Medical Marijuana Poised for Rescheduling 

Consider writing about:

The Trump administration’s decision to reschedule medical marijuana; types of products affected by the policy change; potential process and timeline for the change to take effect; what individuals or businesses involved in medical marijuana should know about the consequences of the rescheduling, including ramifications for banking options, tax obligations, and other operational issues; how this change may intersect with labor law and employee rights, and workplace drug policies; emerging or likely legal challenges to the rescheduling; potential for a further easing of restrictions, to include recreational marijuana use.

Related information:

https://apnews.com/article/medical-marijuana-rescheduling-justice-department-trump-cannabis-1d6722d3aae122b1a91f8e4b6c690268

Implications of Eli Lilly-Insilico Collaboration 

Consider writing about:

A collaboration between Eli Lilly and Insilico Medicine; chief goals of the partnership; what the two entities bring to the collaboration, and what benefits they may derive from the deal; importance of artificial intelligence to the companies’ goals; significance of the companies’ growing ties, and what they could mean for the healthcare sector; whether other pharmaceutical companies are pursuing similar collaborations with AI-related enterprises; how AI technology is impacting the pharmaceutical sector, or the healthcare sector overall.

Related information:

https://www.fiercebiotech.com/biotech/lilly-signs-275b-partnership-insilicos-ai-engine-pursuit-oral-therapeutics

Antitrust Case Against Major Health Insurers Gets Go-Ahead 

Consider writing about:

Antitrust allegations against five major health insurers over payments to healthcare providers for out-of-network care; key claims about alleged harm done to healthcare providers and types of conspiracy at issue; what the potential stakes are in this case for insurers, healthcare systems, and patients.

Related information:

https://www.insurancebusinessmag.com/us/news/claims/massachusetts-court-greenlights-antitrust-suit-against-zelis-aetna-cigna-unitedhealth-570874.aspx

FDA to Researchers, Manufacturers: Show Us Your Data 

Consider writing about:

New pressure that the U.S. Food and Drug Administration is putting on researchers and drug and medical device manufacturers to publish clinical trial data; whether the FDA’s recent announcement regarding trial data disclosure has any teeth; how clinical trial data is currently reported; what repercussions companies and individuals may face (under current or likely rules) for failure to adequately disclose the results of clinical trials; any past enforcement actions of note over compliance failures on this point.

Related information:

https://www.fda.gov/news-events/press-announcements/fda-reminds-more-2200-sponsors-and-researchers-disclose-trial-results

Workplace Tobacco Surcharges Continue to Light Up Litigation 

Consider writing about:

Persistent legal disputes over health plan surcharges levied against employees who smoke; arguments made for and against these types of surcharges; how courts are responding to employee lawsuits over tobacco-related surcharges; potential defenses by employers in these types of cases; possible alternatives employers may be able to consider for their workplace wellness initiatives.

FTC Announces Launch of Healthcare Task Force 

Consider writing about:

The Federal Trade Commission’s recent announcement that it is launching a healthcare task force; anticipated areas of focus; the task force’s structure and scope; how significant a move this FTC action is, and how it aligns with previously known healthcare- and antitrust-related actions by the first or second Trump administration; what entities in the healthcare sector should be doing or watching for in light of the FTC announcement.

Related information:

https://www.ftc.gov/news-events/news/press-releases/2026/03/ftc-chairman-andrew-n-ferguson-launches-healthcare-task-force

First Comes the Cyberattack, Then Come the Lawsuits 

Consider writing about:

Lawsuits filed against Michigan-based medtech company Stryker over a March 11 cyberattack; nature of the lawsuits being filed by current and former emplooyees or other individuals; issues of harm, standing, or other key points that are likely to be central to these lawsuits’ performance; how companies can best anticipate and defend against lawsuits filed in response to a cyberattack and potential theft of personal information; how data breach lawsuits specifically involving employees can differ from data breach lawsuits filed by outside parties (customers, third parties, etc.).

Sizing Up GLP-1 Issues for Employers 

Consider writing about:

Recent or otherwise interesting developments or trends involving the latest generation of weight-loss drugs and how they are sparking concerns for employer health plans. What are the options for employers and employees concerned about wellness, healthcare access, medical costs, and/or insurance costs? What potential liability risks should employers keep in mind when deciding whether or not to include GLP-1 medications in their health plans? How should employers communicate and present to employees the results of their decisions? What are the additional pitfalls that may arise for employers when amending or restricting previously provided benefits in some regard? (Alternatively or additionally, what should employers consider before dangling GLP-1 coverage as part of a recruitment package?)

Major Medical Device Maker Hit by Cyberattack With Possible Links to Iran 

Consider writing about:

A recent cyberattack on a leading medical device manufacturer; types of devices or systems affected by the cyberattack on Stryker; how widespread the impact of the cyberattack is thought to be; why companies in the medical and health care fields continue to be targets of cyberattackers; what evidence may or may not exist regarding the cyberattackers’ possible links to Iran; related industry or global trends involving state-based cyberattackers; how cybersecurity measures may be evolving to counter this specific source of cyberthreats; what health care providers and other entities affiliated with Stryker should be doing now as regards their own cybersecurity “wellness,” systems checks, or other data security precautions; related guidance from U.S. government authorities on the possibility of Iranian-backed cyberattacks, and best practices for thwarting, or recovering from, such attacks.

Related information:

https://www.cnn.com/2026/03/11/politics/pro-iran-hackers-cyberattack-medical-device-maker

https://www.healthcareitnews.com/news/stryker-cyberattack-alarms-health-systems

Aetna to Pay Nearly $118M in False Claims Act Case 

Consider writing about:

A False Claims Act settlement under which Aetna will pay $117.7 million; alleged company actions that led to this settlement; what to know about a whistleblower’s role in a government investigation into Aetna’s practices; related enforcement trends involving the False Claims Act, either broadly speaking or specifically involving Medicare-related costs.

Related information:

https://www.justice.gov/opa/pr/aetna-agrees-pay-1177-million-resolve-false-claims-act-allegations

Federal Judge Administers Bitter Pill to RFK Jr.’s Vaccine Advisers 

Consider writing about:

A federal judge’s March 16 ruling involving the Trump administration’s actions regarding vaccine policies; what the ruling means for the Centers for Disease Control and Prevention vaccine advisory committee; what to know about the committee’s role, history and potential impact on health care and health care providers, and how actions by Health Secretary Robert F. Kennedy Jr. have affected the committee; what’s ahead for the vaccine advisory committee, and whether other legal challenges to the committee or Kennedy’s vaccine-related actions are in the pipeline.

Related information:

https://www.npr.org/2026/03/16/nx-s1-5749530/judge-blocks-rfk-jr-vaccine-changes

Kaiser Pursues Insurers Over D&O Liability Coverage 

Consider writing about:

Kaiser Permanente’s lawsuit against nine insurers over the resolution of a False Claims Act case involving Medicare Advantage claims; background of, and key points in, that case; what to know about Kaiser’s D&O liability insurance tower, and how insurance towers work; basis for Kaiser’s lawsuit against its insurers; practical guidance for other insureds regarding D&O policies and the structuring of their insurance coverage.

When Are Individual Coverage Health Reimbursement Arrangements a Sensible Option? 

Consider writing about:

Individual coverage health reimbursement arrangements; how this form of health insurance coverage works; how popular ICHRAs are and how their rollout and adoption have performed over the years; how ICHRAs compare to other forms of health insurance coverage in terms of eligibility, administration, benefits, costs, etc.; whom ICHRAs are best suited for; potential pitfalls or other issues that employers or employees should consider before participating in this type of arrangement.

Who Is Casey Means and What Does She Stand For? 

Consider writing about:

Casey Means, President Trump’s choice for surgeon general; what to know about her current role, her professional and personal background, her credentials (or lack thereof), how she stacks up against prior surgeons general, controversies involving Means, who her allies or critics are, prospects for her confirmation, what to watch for from Means if she is confirmed, and perhaps a comparison between Means and other health-related appointees under the first or second Trump administration.

Related information:

https://thehill.com/policy/healthcare/5756339-trump-ex-surgeon-general-jerome-adams-casey-means-senate

https://www.nbcnews.com/health/health-news/casey-means-surgeon-general-rfk-social-media-persona-rcna260867

Kaiser Foundation Health Plan and DOL Reach $30M Settlement 

Consider writing about:

An approximately $30 million settlement that Kaiser Foundation Health Plan has reached with the U.S. Department of Labor; Kaiser practices or failures that led to investigations of the company and the subsequent agreement with the DOL’s Employee Benefits Security Administration; what other companies may be able to learn from this settlement as regards their own practices, policies, obligations, and risk management.

Related information:

https://www.dol.gov/newsroom/releases/ebsa/ebsa20260210

Calif. Jury Returns $382M Verdict Against Medtech Company in Antitrust Case 

Consider writing about:

A $382 million jury verdict against Medtronic in an antitrust case; conmpany practices that led to related litigation against Medtronic; what constitutes illegal bundling; any related litigation or enforcement trends involving alleged antitrust in the medical device sector.

Related information:

https://www.fiercebiotech.com/medtech/medtronic-hit-382m-antitrust-ruling-over-surgical-device-monopoly

Public Health Funding Gets Temporary Reprieve From Trump Administration Cuts 

Consider writing about:

An Illinois federal judge’s Feb. 12 ruling in a dispute over the Trump administration’s attempt to rescind $600 million in public health grants; programs and jurisdictions that stand to be affected by the cuts; whether other states have suffered similar cuts to public health funding or are currently wrangling over potential cuts by federal agencies; how states are coping with existing or potential funding cuts to public health initiatives; the Trump administration’s rationale for terminating related grants; likely next steps in the legal battle over threatened funding cuts.

Related information:

https://www.npr.org/2026/02/13/nx-s1-5713305/federal-funding-democratic-states-lawsuit

Takeaways From Latest J.P. Morgan Healthcare Conference 

Consider writing about:

This year’s J.P. Morgan Healthcare Conference; what to know about this annual event’s purpose and history; persistent or emerging challenges, noteworthy trends, or other interesting issues that were brought to light at this year’s conference; how this year’s event compared to past years’ gatherings; any additional practical guidance to be gleaned from the latest J.P. Morgan Healthcare Conference. Consider whether to focus on a particular segment of the healthcare sector, or whether to take a more wide-angle approach in your writeup.

New Developments Involving Generics Price-Fixing 

Consider writing about:

New or otherwise noteworthy developments involving price-fixing allegations against makers of generic drugs; what to know about price-fixing investigations by state attorneys general targeting the pharmaceutical industry; settlements, verdicts, or rulings of note; what else potentially affected individuals or entities should know about these developments.

Healthcare Providers Facing New Pressures as Battle Intensifies Over Gender-Affirming Care 

Consider writing about:

How legal battles are heating up over the provision of gender-affirming care to minors; Trump administration actions, lawsuits, state legislation, or other developments of note; how health care providers, minors, or their parents are grappling with policy changes, new restrictions, or other shifts in direction; what else health care providers should consider about their professional obligations and potential liability risks in the current atmosphere.

Related information:

https://www.npr.org/2025/12/24/g-s1-103603/19-states-sue-hhs-over-youth-gender-affirming-care

https://www.kcra.com/article/california-sues-rady-childrens-hospital-trump-administration-gender-affirming-care/70212248

https://www.nytimes.com/2026/02/03/health/gender-surgery-malpractice-varian.html

What’s in the Trump Administration’s ‘Great Healthcare Plan’? 

Consider writing about:

The Trump administration’s recently announced “Great Healthcare Plan;” key elements of the plan; how meaningful a step this plan may or may not be; prospects for the plan gaining any significant traction; likely challenges ahead for this endeavor.

Related information:

https://www.whitehouse.gov/greathealthcare

What to Know About FDA’s Effort to Speed Some Drug Reviews 

Consider writing about:

The U.S. Food and Drug Administration’s attempts to accelerate its drug review process; how the FDA aims to achieve this goal; how the National Priority Voucher pilot program compares to other federal efforts over the years to accelerate the drug review process; how drugs are selected for inclusion in the new pilot program; any legal or safety questions being raised regarding this FDA plan; what else the pharmaceutical industry or other interested parties should know about this FDA undertaking.

Related information:

https://apnews.com/article/fda-makary-voucher-drug-reviews-a3f550f229dc4ed196da9d1a2bc86bc3

https://apnews.com/article/fda-makary-voucher-drug-reviews-e7825a4820b7469fe2d71d989dfa1356

https://www.fda.gov/industry/commissioners-national-priority-voucher-cnpv-pilot-program

HHS Announces AI Strategy 

Consider writing about:

The AI Strategy released by the U.S. Department of Health and Human Services last month; main emphases of the strategy; what processes or entities stand to be noswt affected by the strategy; who will be shaping, guiding, and implementing the strategy; any potential areas of concern involving the AI Strategy; what external individuals or entities should be watching for on this front.

Related information:

https://www.hhs.gov/press-room/hhs-unveils-ai-strategy-to-transform-agency-operations.html

What to Know About the Health Information Privacy Reform Act 

Consider writing about:

The Health Information Privacy Reform Act (HIPRA); perceived need for the measure; HIPRA’s primary goals, current status, and prospects for passage; whom the measure would most affect, and how; what else interested parties should know about HIPRA and what they should be watching, or preparing, for.

Related information:

https://www.congress.gov/bill/119th-congress/senate-bill/3097/all-actions

How to Avoid Getting Burned Over Tobacco Surcharges 

Consider writing about:

Lawsuits over group health plans or workplace wellness programs that include surcharges on smokers; rationale used for implementing the surcharges; legal arguments being made against the surcharges’ use; how these lawsuits are faring in the courts; potential defenses or best practices to consider when implementing tobacco surcharges.

Health Care Industry: Year in Review, Plus a Look at the New Year 

Consider writing about:

The past year in review for the health care industry. Among the possible points to examine: what trends or other developments stood out to you in 2025 (and why); which (if any) set a precedent or came as a surprise or may signal the start of a trend; which are most likely to have the greatest long-term impact; and, given 2025 events, what should the health care industry be paying attention to now, as a new year gets underway?