Enforcement will define the Health Care & Life Sciences Sector for 2026
Foley & Lardner LLP today unveiled its fifth annual Health Care & Life Sciences Top Trends report highlighting where market, policy, and enforcement dynamics intersect — and where industry leaders will need clear strategy and proactive governance.
Key trends that Foley’s team identifies for 2026 include:
- Enforcement-Led Environment
- Under a Microscope: Digital Health & AI
- Public Program Pressure & Dual Enforcement Risk
- GLP-1 Market Momentum with Tighter Guardrails
- Cybersecurity Risks: Connected Devices
- Operating Model Imperatives for 2026
In 2026, health care and life sciences companies face rapid change as new technologies, shifting regulatory frameworks, workforce pressures, and evolving reimbursement models transform how organizations deliver care, manage risk, and invest for growth.
Federal oversight of the industry remains a top priority, with over $3 billion recovered under the False Claims Act (FCA) in 2024 and 2025. Antitrust enforcement is also expected to intensify, particularly related to pharmaceutical and drug pricing. Telemedicine and digital health companies will face ongoing scrutiny as evolving regulatory standards affect remote patient monitoring and the rapid expansion of artificial intelligence (AI).
AI regulation remains uncertain, as federal and state governments remain divided on approaches and the United States Patent and Trademark Office (USPTO) has not yet issued guidance for AI-generated data. This ambiguity coincides with regulatory uncertainty around Medicaid and Medicare Advantage (MA) after federal funding was cut and states adjust to reduced budgets and tighter federal enforcement, signaling greater risk for both MA organizations and health care providers.
At the same time, demand for GLP-1 drugs and medical devices remains strong. The United States Food and Drug Administration (FDA) is closely monitoring and issuing warnings for unapproved or misbranded compounded GLP-1 products, while medical devices like smartwatches and wearable trackers are raising growing cybersecurity concerns.
“Health care and life sciences companies are operating in uncharted territory as enforcement intensifies, regulations shift, and technology advances at record speed. Succeeding in this challenging environment requires the ability to navigate these rising complexities and the foresight to use disruption as a springboard for innovation,” said Susan Pravda, chair of Foley’s Health Care & Life Sciences Sector.
Foley’s 2026 Health Care & Life Sciences Top Trends publication examines how organizations that invest in strong compliance, data governance, operational resilience, and strategic technology deployment will be best positioned to navigate uncertainty and capture opportunity.
Access the full report here. Articles include:
- Trump 2.0: Health Care Enforcement Remains a Top Priority
- Remote Monitoring Enforcement Trends: What Providers and Technology Vendors Need to Know
- Trends in Antitrust Enforcement in Health Care
- Medicare Advantage at a Crossroads: CMS RADV Audit Overhaul and OIG Risk Adjustment Enforcement Explained
- Health Care Patent Practice: Changes at the USPTO for 2026
- Telehealth Longevity Clinics and the Legal Environment in 2026
- Shifting Trends in the Oncology Space
- Safety Net Providers Brace for Federal Medicaid Cuts
- Digital Health and Telehealth in 2026 and Beyond: Building the AI and Privacy Advantage
- Compounded GLP-1s: Current Status
- Medicare Advantage Supplemental Benefits: Recent Developments in SSBCIs and Speculation on the Future of Supplementals
- Medical Devices: A Ripe Target for Cybercriminals?
- Patent Protection in the Age of Artificial Intelligence: An Examination of the Potential Role of AI-Generated Data in Diagnostics and Therapeutics Inventions
About Foley’s Health Care & Life Sciences Sector
Foley’s Health Care & Life Sciences Sector includes more than 250 dedicated attorneys with decades of in-house experience at health care providers and vendors, pharmaceutical and biotechnology firms, and key state and federal government agencies. Foley is primed to strategically advise health care and life sciences companies through every step of their journey and all stages of their lifecycle. The team offers a full scope of legal services with deep regulatory experience coupled with a national transaction backbone, providing forward-looking, practical solutions to clients’ most pressing business challenges.
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Foley & Lardner LLP is a preeminent law firm that stands at the nexus of the Energy & Infrastructure, Health Care & Life Sciences, Innovative Technology, and Manufacturing Sectors. We look beyond the law to focus on the constantly evolving demands facing our clients and act as trusted business advisors to deliver creative, practical, and effective solutions. Our 1,100 lawyers across 27 offices worldwide partner on the full range of engagements from corporate counsel to intellectual property work and litigation support, providing our clients with a one-team solution to all their needs. For nearly two centuries, Foley has maintained its commitment to the highest level of innovative legal services and to the stewardship of our people, firm, clients, and the communities we serve.