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Demise of Opioid Era Now Followed by New Generation of Pain Drugs

For most of the last three decades, American medicine leaned hard on opioids to treat pain, from post-surgical recovery to chronic back and joint conditions, until the human cost of that reliance became impossible to ignore. Widespread prescribing that began in earnest in the 1990s, encouraged in part by since-discredited assurances that the drugs carried low addiction risk, fed a public health crisis that federal data now tie to roughly 85,000 new cases of opioid use disorder every year and hundreds of thousands of overdose deaths over the past two decades. Yet for all the resulting scrutiny, litigation, and prescribing restrictions, medicine was left with a genuine problem it could not simply regulate away: pain itself, still real, still common, and for a long stretch of time still lacking any new pharmaceutical alternative. The FDA had not approved a fundamentally new class of pain medicine in more than twenty years, leaving physicians and patients caught between undertreated pain on one side and opioid risk on the other.

That drought is now breaking, and the pace of change has accelerated markedly over the past eighteen months. Vertex Pharmaceuticals’ January 2025 approval of Journavx, the first non-opioid oral pain signal inhibitor, proved a genuinely new mechanism could work and clear the FDA — and it appears to have set off a wave of capital, competition, and clinical momentum across the pharmaceutical industry that shows no sign of slowing. The story below surveys where that momentum stands today: an established leader still scaling up commercially, a widening field of challengers racing to refine and improve on its approach, and companies pursuing entirely different paths, from gene therapy to modified opioid-receptor chemistry, all aimed at the same goal of giving pain sufferers real relief without the addiction risk that defined the last generation of pain medicine.

Pacira BioSciences announced July 27, 2026 that it has moved its most advanced pipeline candidate, PCRX-201, onto a scalable, U.S.-based commercial manufacturing process and enrolled the first patient in Part B of its Phase 2 ASCEND study — a milestone the company says de-risks the path toward a possible late-stage registrational trial. PCRX-201 (enekinragene inzadenovec) is a locally administered gene therapy for osteoarthritis of the knee, built on Pacira’s proprietary high-capacity adenovirus vector platform, and it has already earned Regenerative Medicine Advanced Therapy designation from the FDA and Advanced Therapy Medicinal Product status from European regulators based on Phase 1 data showing durable pain and function improvements through three years. The two-part ASCEND trial will ultimately enroll roughly 135 knee osteoarthritis patients, with topline data from Part A expected by year-end 2026.

Pacira frames its whole non-opioid portfolio — which already includes the commercially available local anesthetic EXPAREL, the intra-articular injection ZILRETTA for knee osteoarthritis, and iovera°, a drug-free cold-based nerve-blocking device — as part of that same mission, alongside PCRX-201’s earlier-stage gene therapy approach.

The field’s biggest recent milestone belongs to Vertex Pharmaceuticals, whose drug Journavx (suzetrigine) became, in January 2025, the first new class of pain medicine approved by the FDA in more than two decades and the first approved non-opioid oral “pain signal inhibitor.” Journavx works by selectively blocking NaV1.8, a sodium channel expressed almost exclusively on peripheral pain-sensing neurons rather than in the brain, which Vertex says avoids opioids’ addictive potential entirely. Commercial uptake has been slower than some analysts hoped — Vertex reported roughly $29 million in first-quarter 2026 Journavx sales, below expectations — but the company says prescription volume is expected to more than triple in 2026 versus 2025 as insurance coverage widens, and in March 2026 it presented Phase 4 data showing more than 90% of surgical patients using Journavx as part of multimodal pain control remained entirely opioid-free through recovery. Vertex is also testing suzetrigine in diabetic peripheral neuropathy, with two Phase 3 studies expected to complete enrollment by the end of 2026, though the company’s attempt to follow up with a next-generation compound, VX-993, hit a setback in mid-2025 when a trial of VX-993 failed to outperform placebo; Vertex continues a separate Phase 2 study of VX-993 in diabetic neuropathic pain.

Vertex’s approval and commercial rollout have visibly reshaped the competitive landscape, drawing new entrants and capital into the same NaV1.8 mechanism and adjacent sodium-channel targets. Latigo Biotherapeutics, a Thousand Oaks, California biotech that raised a $150 million Series B in 2025, filed for a Nasdaq IPO in July 2026 built around two oral NaV1.8 inhibitors: LTG-001, in Phase 2 development for acute pain (including a positive, statistically significant pivotal-track trial in patients undergoing abdominoplasty) with Phase 3 bunionectomy and safety trials planned for the second half of 2026, and LTG-305, an earlier-stage candidate for chronic pain now in Phase 1. Latigo’s own securities filings name a lengthening list of rivals working the same general territory, including Vertex, Eli Lilly (partnered with NaV1.7-focused biotech SiteOne Therapeutics), Grünenthal, and Merck, along with companies pursuing adjacent ion-channel targets such as NaV1.7 (Xenon Pharmaceuticals) and Kv7 potassium channels (Biohaven, Xenon). SiteOne itself, beyond its Lilly-partnered NaV1.7 program, is also developing NaV1.8 candidates and a topical NaV1.7-targeted treatment for ocular surface pain, illustrating how far the sodium-channel approach has spread beyond Vertex’s original compound.

A different mechanism is advancing at Tris Pharma, which in July 2026 launched a dedicated subsidiary, Adneuris Therapeutics, to carry its lead candidate cebranopadol toward an FDA new drug application expected later this year. Cebranopadol is a “dual-NMR agonist,” acting on both the nociceptin/orphanin FQ peptide (NOP) receptor and the traditional mu-opioid peptide (MOP) receptor — meaning it is not a non-opioid drug in the strict sense Journavx and the NaV1.8 inhibitors are, since it still engages opioid receptor pathways, but the company says the added NOP activity is designed to preserve strong analgesia while reducing misuse potential, respiratory depression, and dependence risk relative to a pure MOP agonist like oxycodone. Tris reported positive results from two Phase 3 trials (branded ALLEVIATE) in acute pain, plus a human abuse-potential study comparing cebranopadol against opioids, and the FDA has granted the drug Fast Track designation specifically for chronic low back pain. The National Institute on Drug Abuse has separately awarded Tris a five-year, $16.6 million grant to study cebranopadol’s potential to treat opioid and substance use disorders directly. Adneuris has already begun building out international commercial rights, signing a licensing deal with China’s Zhejiang Conba Pharmaceutical worth an upfront $17.5 million plus more than $100 million in potential milestones.

Each approach carries different regulatory and reimbursement hurdles — a genuinely non-opioid mechanism like NaV1.8 inhibition faces a comparatively lower bar for demonstrating reduced abuse liability, while a compound like cebranopadol will need to build its safety case relative to opioids directly. But for insurers and employers, the practical takeaway is the same across all of them: multiple, mechanistically distinct alternatives to opioids are now advancing through late-stage trials or early commercialization at once, with real implications for post-surgical and workplace-injury pain management formularies before the end of this decade.

High Gas Prices Drive Comp Mileage Rate to 76¢ on July 1

The Division of Workers’ Compensation (DWC) has announced that the mileage reimbursement rate for medical and medical-legal travel expenses has increased by 3.5 cents to 76 cents per mile, effective July 1, 2026.

California Labor Code §4600(e)(2), in conjunction with Government Code §19820 and DPA regulations, requires claims administrators to reimburse injured workers for medical mileage at the rate adopted by the Department of Personnel Administration (DPA) for non-represented (excluded) state employees, which is tied to the IRS published mileage rate.

The IRS normally adjusts the standard mileage rate each fall for the next calendar year based on an annual study of the fixed and variable costs of operating an automobile, but the IRS Commissioner just announced that in recognition of recent gasoline price increases, the IRS made this special adjustment for the final months of 2026.

The new rate must be paid for travel on or after July 1, 2026, regardless of the date of injury. Labor Code section 4600, Government Code section 19820 and the California Department of Human Resources regulations establish the mileage reimbursement rate for medical and medical-legal travel and tie it to the rate established by the Internal Revenue Service (IRS).

IRS bulletin IR-2026-29, issued July 13, 2026, announced the rate increase. Mid-year mileage rate increases are rare, but are now becoming more common. There was was one in 2011 and another in 2022.

But there have been multiple mileage rate changes with January effective dates over the past decade, so the DWC has downloadable mileage-expense forms that show the applicable rates based on the travel date.

The California Department of Industrial Relations’ Division of Workers’ Compensation monitors the administration of workers’ compensation claims and provides administrative and judicial services to help resolve disputes related to claims for workers’ compensation benefits.

July 27, 2026 – News Podcast


Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: Appellate Court Reverses WCAB and Approves Policy Cancellation. Statute of Limitations Applies After Carriers Unequivocal Claim Denial. California Overhauls Subsequent Injuries Benefits Trust Fund. Rand Reports on SB 1160 Effectiveness on UR and Medical Treatment. CMS Begins Auditing Carrier Section 111 Records. Glenmark Pharmaceuticals Resolves Price Fixing Case for $29.6M. FBI’s Most Wanted Healthcare Fraudster List Fugitive Arrested. Generative AI Tools Are Reshaping Insurance Fraud Risks.

SoCal Attorney Disbarred and Pleads Guilty to Theft of Client Funds

A disbarred Manhattan Beach solo practitioner has pleaded guilty to felony theft after prosecutors say he spent hundreds of thousands of dollars belonging to his own clients at the gambling tables — capping a case that State Bar disciplinary officials had already called an “unrelenting” pattern of deceit. The Los Angeles County District Attorney’s Office announced that Sergio Valdovinos Ramirez, 36, pleaded guilty July 20, 2026 to three felony counts of grand theft by embezzlement and one felony count of writing checks against insufficient funds, along with a special allegation that his crimes caused losses of $100,000 or more.

Under his plea agreement, Valdovinos Ramirez must pay $50,000 before his September 21 sentencing in Department 123 of the Foltz Criminal Justice Center and owes at least $310,000 in total restitution; prosecutors say he is expected to receive a two-year state prison sentence. “The defendant duped and deceived his clients of funds that were earmarked for them only to blow hundreds of thousands of dollars of these funds gambling,” District Attorney Nathan Hochman said, adding that the case was “a house of cards” that collapsed once law enforcement and the State Bar caught on. The case, prosecuted by Deputy District Attorneys Daniel Akemon and Holly Harpham of the office’s Justice System Integrity Division, was investigated jointly by the California State Bar, the Manhattan Beach Police Department, and the DA’s own Bureau of Investigation.

The criminal case traces conduct between 2019 and 2023, years before Valdovinos Ramirez, admitted to the California bar in 2017, was disbarred. According to contemporaneous reporting, one client, Lisa Mendez, said she paid him roughly $4,350 in fees in 2019 before he fabricated a settlement in her case and handed her checks worth more than $150,000 drawn on accounts with near-zero balances. Other former clients reported similar patterns: thousands of dollars paid up front, work never performed to their satisfaction, and refunds attempted only through checks that bounced because the underlying accounts held little or no money. Investigators found that Valdovinos Ramirez routinely deposited client funds into personal or non-trust accounts before spending portions of the money on personal expenses, including gambling.

The criminal case followed directly from a State Bar Court disciplinary proceeding that, if anything, paints an even starker picture. In a June 2024 opinion, the State Bar Court’s Review Department upheld a hearing judge’s finding that Valdovinos Ramirez was culpable on all 19 counts of misconduct charged across five separate client matters, including moral turpitude for misappropriation and misrepresentation, writing checks against insufficient funds, failing to deposit client funds into a trust account as required by rule 1.15(a) of the Rules of Professional Conduct, and failing to keep a client reasonably informed of significant case developments. The Review Department found his misappropriation of client funds “unrelenting,” noting that he would often deplete his bank accounts of entrusted funds almost as soon as he received them.

Individual allegations detailed in State Bar filings, as reported by the Metropolitan News-Enterprise, describe a pattern extending well beyond simple neglect. One client paid Valdovinos Ramirez $73,965 in advance fees to handle a conservatorship matter; the State Bar Court found he misappropriated the entire amount. Another client hired him to pursue an employment discrimination case, but Valdovinos Ramirez never actually filed suit, instead giving his client a fabricated case number and later falsely claiming the case had settled for $58,000 — a claim he backed up with checks written against accounts that could not cover them. Perhaps most strikingly, Valdovinos Ramirez attempted to excuse his delays, both with clients and in his own disciplinary proceedings, by claiming he was undergoing treatment for terminal cancer under a Dr. Stephen Chang at City of Hope. An investigation by the State Bar’s Office of Chief Trial Counsel found no such treatment had occurred and that no doctor by that name worked at the cancer center at all. Then-Chief Trial Counsel George Cardona said disbarment was “entirely appropriate,” noting that Valdovinos Ramirez “showed no remorse and lied about a life-threatening illness” rather than take responsibility.

The California Supreme Court formally ordered Valdovinos Ramirez disbarred effective October 2024, adopting the State Bar’s recommendation along with an order that he pay restitution to five former clients, plus 10% annual interest, and $5,000 in monetary sanctions to the State Bar itself.

For clients of any California attorney who experiences theft or comparable dishonest conduct, the State Bar’s Client Security Fund offers a separate, non-adversarial avenue for partial recovery, independent of any restitution ordered in a criminal or disciplinary case. The fund, financed entirely through mandatory annual assessments on active California attorneys, can reimburse up to $100,000 per claim for losses caused by an attorney’s theft, misappropriation, or comparable dishonest conduct, including a failure to refund fees for work never performed. It does not cover ordinary malpractice or negligence, and applicants generally must file within four years of discovering the loss. Given the number of former clients implicated in the Valdovinos Ramirez matter, the fund may end up bearing a meaningful share of the loss the criminal restitution order does not ultimately recover.

This summary is provided for general informational purposes only. Statements attributed to prosecutors, State Bar officials, and news reporting reflect their own characterizations of the underlying conduct; a criminal defendant’s guilty plea establishes the specific counts admitted but does not itself resolve every disputed factual allegation referenced in related civil or disciplinary proceedings.

Skilled Nursing Facility Chain Resolves Understaffing Case for $15M

A San Diego-based nursing home chain has agreed to pay $15 million to settle a California Attorney General’s lawsuit accusing it of chronically understaffing its facilities while pocketing tens of millions of dollars in Medi-Cal payments meant to fund patient care. Attorney General Rob Bonta announced the settlement July 28, 2026 with Sweetwater Care Resource, LLC and its affiliated skilled nursing facilities, resolving a case his office’s Division of Medi-Cal Fraud and Elder Abuse (DMFEA) filed just over a year earlier.

Under the deal, Sweetwater will pay $12.5 million in penalties and costs, plus a further $2.5 million earmarked for staffing improvements, and will operate under an independent compliance monitor across all 17 of its California skilled nursing facilities for the next three years. “Our elders deserve care that is safe, dignified, and consistently held to the highest standards,” Bonta said, adding that his office would “continue to hold accountable those who put profits over patients.” The settlement resolves a civil complaint brought under California’s Unfair Competition Law, which exposed Sweetwater to potential penalties of up to $2,500 per violation — doubled where the victim was a senior citizen or a person with a disability — across the more than 14,000 understaffing instances the state’s investigation identified.

The case dates to June 2025, when Bonta’s office filed its original lawsuit against what was then a 19-facility chain (two fewer facilities are covered by this week’s settlement, suggesting Sweetwater’s California footprint has shrunk somewhat since filing). That complaint, and the DMFEA investigation behind it, described conditions considerably more disturbing than the understaffing statistics alone convey. According to the state, Sweetwater facilities were staffed below California’s legal minimum — 3.5 direct care hours per resident per day, at least 2.4 of which must come from certified nursing assistants — in more than 14,126 separate instances between 2021 and 2024.

The state alleged that understaffing directly caused preventable harm: patients with fractured bones went days without medical assessment; a patient with head trauma left a facility without staff noticing; falls went unwitnessed; patients were left in soiled diapers overnight because too few staff were available or willing to help; and at least one patient developed a pressure injury severe enough that the underlying hip bone became visible. The state’s original complaint further alleged that Sweetwater’s own internal weekly staffing reports put facility and corporate leadership on notice of the shortfalls, and that the company continued the practice anyway while extracting more than $31 million in “profit” or “management fees” rather than directing that money toward legally required staffing levels.

Sweetwater describes itself, on its own website, as a regional operator specializing in nursing-facility “turnaround opportunities,” founded in December 2017 and operating skilled nursing facilities across California, Colorado, and Montana. Within California, its footprint includes a cluster of Central Valley facilities — among them Evergreen Care Center in Fresno, Rolling Hills Care Center in Selma, and Fowler Care Center in Fowler — alongside its San Diego County holdings. The company did not respond to a reporter’s request for comment on the settlement, according to FOX40’s coverage of the announcement, and the company has not issued its own public statement addressing the underlying allegations as of this writing.

The settlement’s injunctive terms are notable for their duration and scope: rather than a one-time fine alone, all 17 remaining Sweetwater facilities in California will operate under an outside compliance monitor for three years, a structural remedy the DMFEA has increasingly favored in chronic-understaffing cases as a way to verify ongoing compliance rather than relying solely on after-the-fact penalties. The proposed final judgment filed with the settlement lays out the monitor’s authority and reporting obligations in more detail than the press release itself.

The case is also a reminder of how California funds elder-abuse and Medi-Cal fraud enforcement: DMFEA operates on a federal-state matching structure, with the U.S. Department of Health and Human Services covering 75% of the unit’s budget ($77.65 million for federal fiscal year 2026) and the state covering the remaining 25% (roughly $25.9 million), a funding split that has made DMFEA’s caseload a recurring point of interest for both federal and state health care fraud policy. The office continues to solicit tips on suspected Medi-Cal fraud or elder abuse through its online reporting portal, which the AG’s office credited, in part, with helping build the case against Sweetwater in the first place.

This summary is provided for general informational purposes only. Allegations described in the state’s complaint and press materials reflect the government’s characterization of the evidence; a civil settlement resolves the litigation but does not constitute an adjudicated finding that each specific allegation is true, and Sweetwater has not been reported to have admitted wrongdoing as part of the settlement.

No Need to Exhaust Underlying Coverage to Sue Excess Insurers

Saul Fox and Dexter Paine co-founded investment firm Fox Paine & Company, LLC (FPC). In 2006, after Paine launched a third investment fund, Fox Paine Management III, LLC, without Fox’s full participation, the relationship between the two collapsed. In August 2007, Fox and related entities (the Fox Parties) sued Paine and related entities (the Paine Parties) in Delaware, alleging Paine poached FPC employees and misrepresented that Fox had authorized various actions; the Paine Parties countersued, and years of litigation followed. That dispute triggered claims under a tower of insurance policies covering FPC and affiliated individuals: a $10 million primary policy from Houston Casualty Company (HCC), a $10 million first-layer excess policy from Twin City Fire Insurance Company, a $10 million second-layer excess policy from St. Paul Mercury Insurance Company, a $10 million third-layer excess policy from Twin City, and a $10 million fourth-layer excess policy from Liberty Mutual Insurance Company — a $50 million tower in which each excess policy attaches only once the insurance beneath it is exhausted.

According to the operative complaint, the Paine Parties came to control the insurance claim: HCC paid the Paine Parties its full $10 million primary limit without notifying the Fox Parties, and Twin City and St. Paul later settled with the Paine Parties for a combined $9 million (roughly $6 million allocated to Twin City’s first-layer policy and $3 million to St. Paul’s), again without telling the Fox Parties, who allege they learned of these developments only years later through a third-party docket alert. Plaintiffs Fox, FPC, and related entities sued Twin City, St. Paul, and Liberty Mutual for breach of contract, declaratory relief, breach of the implied covenant of good faith and fair dealing, and aiding and abetting breach of fiduciary duty, alleging they — not the Paine Parties — held the only legitimate claim to the excess coverage and had incurred more than $43 million in covered loss and interest defending the Delaware litigation and its aftermath.

All three excess insurers demurred to the operative complaint, arguing plaintiffs’ claims against the higher-layer policies failed because plaintiffs could not allege the underlying insurance had actually been exhausted. The San Francisco County Superior Court found plaintiffs had adequately alleged exhaustion of the primary HCC policy, allowing claims against Twin City’s first-excess-layer policy to proceed, but concluded exhaustion had not occurred as to St. Paul’s policy, Twin City’s third-layer policy, or Liberty Mutual’s policy, since only $6 million of Twin City’s $10 million first layer had been paid out. On that basis, the court sustained the demurrers of St. Paul and Liberty Mutual (and Twin City’s demurrer as to its third-layer policy) without further leave to amend, resulting in a judgment of dismissal as to those insurers.

The California Supreme Court granted review to examine (Fox Paine & Co., LLC v. Liberty Mutual Ins. Co. (2024) 104 Cal.App.5th 1034), a Court of Appeal published opinion, that agreed with the trial court, and held that the absence of actual exhaustion defeated any “actual controversy” under Code of Civil Procedure section 1060, treating the case as materially identical to Qualcomm, Inc. v. Certain Underwriters at Lloyd’s, London (2008) 161 Cal.App.4th 184.

In the case of Fox Paine & Company, LLC v. Twin City Fire Insurance Company, No. S287404 (Cal. Sup. Ct., July 2026) — the California Supreme Court reversed the judgment of the Court of Appeal and remanded the cause for further proceedings.

The Supreme Court disagreed with the Court of Appeal, holding that a lack of actual exhaustion does not categorically defeat an actual controversy regarding coverage under an excess policy. Applying the ripeness framework from Pacific Legal Foundation v. California Coastal Commission (1982) 33 Cal.3d 158, the Court explained that insurance coverage disputes routinely involve future contingencies, and that courts should ask whether it is practically or reasonably likely that a contingency will occur rather than treating any unresolved contingency as fatal. Because plaintiffs alleged a loss, identified the specific policy provisions covering it, and alleged they had submitted virtually all their invoices without reimbursement, the Court found the dispute concrete enough to support declaratory relief, and held that requiring insureds to litigate excess policies one layer at a time — suing, winning, executing, and then suing the next insurer up the tower — would impose serious and unnecessary hardship.

The Court did impose a real pleading requirement going forward: a plaintiff seeking a declaration of coverage under an excess policy must adequately allege that its covered losses are sufficient to reach that policy’s attachment point, and courts must not credit complaints that impermissibly commingle covered loss with other amounts, such as prejudgment interest, that do not themselves contribute to exhaustion. Applying that standard, the Court faulted plaintiffs’ own allegation of “$43,000,000 in covered Loss and recoverable interest” for blending two different things, but remanded for the Court of Appeal to determine in the first instance how much of that figure, if any, can reasonably be read as covered loss alone, and whether a reasonable-likelihood standard should apply given the record’s uncertainties. In reaching this holding, the Court disapproved two prior Court of Appeal decisions, Ludgate Ins. Co. v. Lockheed Martin Corp. (2000) 82 Cal.App.4th 592 and Lockheed Martin Corp. v. Continental Ins. Co. (2005) 134 Cal.App.4th 187, to the extent they could be read as excusing insureds from pleading any covered loss at all.

Turning to the bad faith claims, the Court also held that an insured suing an excess insurer for tortious breach of the implied covenant of good faith and fair dealing likewise need not allege prior exhaustion of all underlying insurance. The Court of Appeal had relied on Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1 for the proposition that there can be no bad faith claim absent actual coverage. The Supreme Court explained that Waller addressed whether coverage would ever be due, not when coverage attaches, and that an excess insurer’s implied duty not to injure its insured’s right to policy benefits exists from the inception of the policy, not only once exhaustion occurs. It is enough, the Court held, for an insured to allege facts showing that coverage under the excess policy will attach — or would attach but for the insurer’s own bad-faith conduct — and that the insurer’s misconduct impaired the insured’s recovery of benefits owed. The Court declined to address whether plaintiffs’ specific allegations of misconduct were adequate, leaving that question for the Court of Appeal on remand.

Finally, the Court rejected the Court of Appeal’s separate holding that declaratory relief was “not necessary or proper” under Code of Civil Procedure section 1061 even if an actual controversy existed, including that court’s concerns about entangling excess insurers in litigation whose outcome depended on unresolved claims against Twin City and about upsetting excess insurers’ settled expectations. The Court found these rationales gave undue weight to speculative future defenses and were outweighed by the hardship serial litigation would impose on insureds, particularly in disputes involving “follow form” excess policies that adopt the primary policy’s terms, where requiring multiple courts to separately interpret identical language invites inconsistent rulings. Having rejected each ground the Court of Appeal relied on, the Supreme Court reversed and remanded the case for further proceedings consistent with its opinion.

California Supreme Court Limits Public Employee Pension Spiking

The Ventura County Employees’ Retirement Association (VCERA) administers a county pension system under the County Employees Retirement Law of 1937 (CERL; Gov. Code, § 31450 et seq.). For “legacy” members hired before the California Public Employees’ Pension Reform Act of 2013 (PEPRA; Gov. Code, § 7522 et seq.) took effect, a retiring employee’s pension is based on “final compensation” calculated over a one- or three-year period the employee selects. Before PEPRA, cashed-out unused leave time counted toward that calculation without a clear statutory cap, which the Legislature came to view as enabling “pension spiking” — employees timing leave cashouts to inflate their final-compensation figure. PEPRA responded by adding Government Code section 31461, subdivision (b)(2), which excludes from “compensation earnable” any leave-cashout payments “in an amount that exceeds that which may be earned and payable in each 12-month period during the final average salary period.”

In its 2020 decision in Alameda County Deputy Sheriff’s Assn. v. Alameda County Employees’ Retirement Assn. (2020) 9 Cal.5th 1032, the Supreme Court upheld PEPRA’s constitutionality and, in the course of that ruling, described section 31461(b)(2) as preventing employees from doubling their cashed-out leave time by designating a final-compensation period that straddles two calendar years.

Relying on that description, VCERA’s board adopted a 2020 resolution excluding from pension calculations any leave cashouts exceeding an employee’s applicable annual (typically calendar-year) allowance, even when the employee’s chosen final-compensation period spans two calendar years. VCERA then sued for a declaratory judgment confirming the resolution’s legality. Retired county counsel Leroy Smith cross-complained for the opposite declaration: Smith, whose employment allowed him to cash out 200 hours of leave per calendar year, designated a final-compensation period running October 2019 to October 2020, and cashed out 40 hours in December 2019 and 200 hours in February 2020 — 240 hours total. He argued all 240 hours had to count toward his pension because all of it was earned and payable during his single, employee-selected 12-month final-compensation period.

The Santa Barbara County Superior Court granted summary adjudication for VCERA. Relying heavily on the Supreme Court’s discussion in Alameda County, the trial court found the statutory text ambiguous but concluded VCERA’s interpretation better served the Legislature’s purpose of curbing pension spiking. Two defendant employee associations, the Criminal Justice Attorneys Association of Ventura County and the Ventura County Professional Peace Officers’ Association, appealed. The Court of Appeal affirmed in a published decision, likewise finding the statute ambiguous and resolving that ambiguity in VCERA’s favor based on the statute’s anti-spiking purpose. (Ventura County Employees’ Retirement Assn. v. Criminal Justice Attorneys Assn. of Ventura County (2024) 98 Cal.App.5th 1119.)

In the case of Ventura County Employees’ Retirement Association v. Criminal Justice Attorneys Association of Ventura County, No. S283978 (Cal. Sup. Ct., July 2026) — the California Supreme Court affirmed the judgment of the Court of Appeal.

Writing for the majority, Justice Kruger first addressed whether Alameda County had already definitively resolved the question. The Court held it had not: Alameda County’s primary holding concerned PEPRA’s constitutionality, and its description of section 31461(b)(2) as preventing straddled-year doubling, while consistent with today’s holding, was not itself the product of statutory textual analysis and was not essential to that decision’s outcome. The Court therefore undertook that analysis for the first time, reviewing the question of statutory interpretation de novo.

On the text itself, the Court found the statute genuinely ambiguous. The employee associations argued that “each 12-month period during the final average salary period” unambiguously means the very 12-month (or 36-month) period the employee designates, so that anything paid within that period counts in full. The Court acknowledged this reading was linguistically possible but not compelled: the statute’s use of “payable,” rather than “paid,” suggested a focus on what an employee’s employment terms allow to be paid in a given period, not merely what happened to be paid, and reading the provision the associations’ way would render the “12-month period” language meaningless for the many legacy members with one-year final-compensation periods. Because the text supported more than one reasonable reading, the Court turned to statutory purpose.

Purpose resolved the ambiguity decisively in VCERA’s favor. Reading section 31461(b)(2) to permit inclusion of any cashout paid during an employee’s chosen period, regardless of ordinary annual limits, would let legacy employees who straddle a final-compensation period across two calendar years count potentially double their normal annual cashout allowance — the exact manipulation PEPRA was enacted to eliminate, and one that would treat legacy employees more favorably than employees hired after PEPRA, who cannot count any leave cashouts toward their pensions at all under Government Code section 7522.34.

The Court also found administrability concerns favored VCERA’s reading, since it lets county retirement systems predict funding obligations more reliably than a rule permitting cashouts of “somewhere between 100 and 200 percent” of the annual allowance depending on an employee’s chosen dates. The Court rejected the employee associations’ argument that ambiguous pension statutes must be construed in members’ favor, explaining that rule applies only when consistent with the statute’s clear purpose, which here cut against the associations’ reading. On this basis, the Court held section 31461(b)(2) excludes from compensation earnable any cashed-out leave exceeding the annual allowance set by an employee’s terms of employment, regardless of whether the employee’s chosen final-compensation period straddles calendar years.

Jury Convicts Bay Area Home Health Agency CEO in Fraud Case

A federal jury in San Francisco has convicted Simon Katz, the Boca Raton, Florida-based CEO of a Hayward, California home health agency, of conspiring to defraud Medicare — the fourth and final conviction in a case the government first brought more than two and a half years ago. The U.S. Attorney’s Office for the Northern District of California announced the July 23, 2026 verdict, which followed a six-day trial before U.S. District Judge James Donato.

Katz, 43, ran HealthNow Home Healthcare and Hospice alongside his wife, Veronica Katz, who served as the agency’s CEO of record. According to trial evidence, HealthNow provided in-home medical care to Bay Area patients and billed both Medicare and private insurers for that care. Beginning October 1, 2018, prosecutors say, the couple began submitting fraudulent documents to California Department of Public Health inspectors to keep HealthNow’s Medicare billing privileges intact, while running a scheme with several distinct components: having unqualified staff provide patient care outside their authorized scope of practice, billing Medicare for services never actually rendered, and directing former employees to lie to federal investigators. By the time the scheme ended in November 2020, HealthNow had collected more than $3 million in Medicare payments tied to the fraudulent claims, and Simon Katz personally received roughly $300,000 of that money, according to the government.

According to an earlier December 2024 sentencing announcement, a federal grand jury indicted Veronica Katz and two co-defendants on October 17, 2023. Under her subsequent plea agreement, she admitted the scheme involved using licensed medical practitioners’ names and credentials on electronic medical records and Medicare billing submissions without those practitioners’ knowledge or consent; directing staff who were not Registered Nurses to prepare mandatory “Start of Care” assessment forms that Medicare rules reserve for RNs; digitally altering patient records afterward to make it appear an RN had completed those assessments; and billing Medicare for physical therapy visits that were never provided at all. Prosecutors say the scheme unraveled in part because of an FBI interview in October 2019, when an employee was questioned about HealthNow’s billing and assessment practices; both Katzes learned of that interview and, according to trial evidence, Simon Katz personally instructed the employee to lie to the FBI and falsely claim she had been trained and supervised by an RN.

Veronica Katz pleaded guilty to one count of health care fraud on April 18, 2024, and was sentenced that December to two years in federal prison, three years of supervised release, $543,634.34 in restitution to Medicare, and a $50,000 fine; she began serving her sentence on January 6, 2025. Two former HealthNow employees, Vennesa Herrera and Pharadja Andrews, pleaded guilty in August 2021 to conspiracy to commit health care fraud (Herrera also pleaded guilty to a substantive health care fraud count); both are scheduled for status hearings on August 3, 2026. Simon Katz, convicted after contesting the charges through trial, is currently in federal custody with no sentencing date yet set; he faces a statutory maximum of 20 years in prison and a $250,000 fine under 18 U.S.C. section 3553’s sentencing framework. Assistant U.S. Attorneys Chris Highsmith and Kevin Yeh prosecuted the trial, with assistance from Kevin Costello and Lynette Dixon; the investigation was conducted by the FBI, HHS-OIG, and the California Department of Public Health.

The new Simon Katz jury verdict lands amid a marked escalation in federal health care fraud enforcement on the West Coast and nationally. The Department of Justice created a new National Fraud Enforcement Division (NFED) on April 7, 2026, consolidating the department’s health care fraud prosecutors into a single coordinating hub tied to the administration’s broader Task Force to Eliminate Fraud, chaired by Vice President J.D. Vance. Three weeks later, on April 30, 2026, NFED and the U.S. Attorney’s Offices for the Northern District of California, Nevada, and Arizona launched a new West Coast Health Care Fraud Strike Force, staffed by at least ten NFED prosecutors and modeled on the long-running national Medicare Fraud Strike Force program, which has collectively prosecuted more than 6,200 defendants since its creation. That regional push has run alongside a larger national effort: DOJ’s 2026 National Health Care Fraud Takedown, announced June 23, 2026, charged 455 defendants — including 90 doctors and other licensed medical professionals — across 56 federal districts and 45 states and territories in connection with more than $6.5 billion in alleged false claims, with 50 state Medicaid Fraud Control Units participating, the most in the takedown’s history.

U.S. Attorney Craig H. Missakian tied the Katz conviction directly to that broader push, framing the case as part of what he called the administration’s “War on Fraud” and pledging continued prosecution of anyone who steals from federal health programs. FBI Special Agent in Charge Scott Schelble and HHS-OIG Special Agent in Charge Robb R. Breeden likewise pointed to the case as an example of sustained interagency work, with Breeden noting the investigation reflected “years of determined investigative work and close coordination among federal and state partners.” For home health agencies and their insurers, the case is a reminder that Medicare’s documentation requirements around who may perform and sign off on patient assessments — particularly Start of Care evaluations reserved for Registered Nurses — remain a frequent and closely scrutinized target of federal fraud enforcement, and that obstruction of an active investigation, not just the underlying billing fraud, can add substantially to a defendant’s eventual exposure.

Santa Clara Company To Pay $180k to Resolve DEA Case

Santa Clara-based Lin-Zhi International, Inc. (LZI) has agreed to pay a total of $180,835 to the United States and implement an enhanced Drug Enforcement Administration (DEA) compliance program to resolve allegations that LZI, a DEA-registered manufacturer of controlled substances, violated the Controlled Substances Act (CSA) in connection with its manufacturing and distribution of certain controlled substances.

LZI is registered with the DEA to manufacture controlled substances as bulk reagents for drug abuse testing. To the extent registrants like LZI seek to distribute these drug testing kits to facilities not registered with the DEA, the CSA requires them to apply to the DEA for an exemption letter, which DEA then evaluates to determine whether the registrant may receive an exemption.

The United States alleges that LZI failed to obtain exemption letters for the sale of certain chemical preparations or mixtures containing controlled substances listed in any schedule in violation of the Act, as well as certain other violations of the Act, between April 1, 2021, and December 5, 2023.

Under the settlement agreement, LZI will pay $180,835 to the United States.  LZI will also maintain an enhanced DEA compliance plan for three years, under which it will (1) hire and retain a DEA Compliance Analyst or other employee of equivalent specialty to implement its enhanced compliance program and advise LZI regarding its DEA compliance obligations and related policies, procedures, and practices, and (2) engage an independent third party with experience in DEA compliance matters to conduct at least one audit annually of LZI’s DEA compliance program, policies, procedures, and practices.

Entities that fail to comply with the requirements of their DEA registration can expect heightened investigative scrutiny and significant civil penalties,” said United States Attorney Craig H. Missakian.  “This Office remains committed to working with the DEA to ensure that registrants who do not comply with the Controlled Substances Act are held accountable.”

DEA is committed to upholding our regulatory line of defense,” said Bob P. Beris, Special Agent in Charge of the Drug Enforcement Administration, San Francisco Field Division.  “When companies fail to secure required exempt chemical letters, they create dangerous vulnerabilities in the supply chain and compromise public health and safety.”

Assistant U.S. Attorney Savith Iyengar handled this matter for the government.  The investigation and settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Northern District of California and DEA Diversion Investigators in San Francisco.

The claims resolved by the settlement are allegations only, and there has been no determination of liability.

July 20, 2026 – News Podcast


Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: WCAB Seeks Sanctions For Use of Legal Treatise Publisher’s AI. 9th Circuit Reviews ADA Atty Fees in High Frequency Litigant Case. QME to Assign Percent Causation of Good Faith Personnel Action Event. Remaining Defendants Settle Health Coverage Fraud Case. San Jose Road Rage Driver Sentenced for Insurance Fraud. WCIRB Reports Carriers Slipped Into Underwriting Loss in 2025. California First State to Launch AI-Unemployment Tracker (CAIT). Grand Jury Says Ventura County Has Best in Class Claims Program.