12 Days of Regulatory Insights: Day 3 – State AG Oversight in the Health Care Industry

Regulatory Oversight Podcast

In the third episode of our special 12 Days of Regulatory Insights podcast series, Chris Carlson is joined by Barry Boise, a seasoned partner in Troutman Pepper's Health Sciences Litigation practice group, to explore the increasing oversight of the health care industry by state attorneys generals (AGs) in 2024 and what to anticipate in 2025.

Barry begins by explaining the broad statutory authority of state AGs under the Unfair and Deceptive Trade Practices Acts and state equivalents to the False Claims Act. He highlights the historical application of these statutes in heavily regulated industries like health care.

Shifting to the opioid crisis, which has been a significant focus for state AGs, Barry explains how municipalities have stepped in to fill perceived gaps left by federal enforcement and how broader enforcement tools have been used in opioid litigation. The episode also covers state AGs' actions in addressing drug pricing issues, including the use of antitrust tools and transparency laws.

Looking ahead to 2025, Barry and Chris discuss the potential impact of the upcoming presidential administration on state AG enforcement activities.