Insights on Health Care
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As the dust settles on a campaign cycle that was unprecedented in many ways, we have composed this biennial post-election analysis to assist our clients in assessing the potential impact of the elections on their organizations and their industries.
Below is a roundup of headlines that matter and key takeaways from the industries and issues we’re following closely. We’ll be back later today with more in-depth analysis.
WASHINGTON — Twenty-four Arent Fox LLP practices have been recognized in the 2019 “Best Law Firms” rankings that are published annually by US News & World Report and Best Lawyers.
Headlines that Matter for Companies and Executives in Regulated Industries
The Department of Health and Human Services (HHS) has issued a proposed rule (PR) which would require any television advertisement for a drug or biological covered by Medicare or Medicaid to include a disclosure of the product’s “current list price” for a “typical” thirty day supply.
President Trump signed into law a bill that expands the Open Payments reporting requirements.
President Trump is expected to sign into law a bill which will – among other things – expand the scope of the Open Payments reporting requirements mandated by Section 6002 of the Patient Protection and Affordable Care Act (often referred to as the Sunshine Act).
Headlines that Matter for Companies and Executives in Regulated Industries
On September 28, 2018, the Pharmaceutical Research and Manufacturers of America (PhRMA) filed an amended complaint to revive its lawsuit seeking to block implementation and enforcement of California’s drug price transparency law.
WASHINGTON — Arent Fox LLP is pleased to announce that Health Care Co-Leader Stephanie Trunk has been selected to the LMG Life Sciences Award List in the “Healthcare Pricing & Reimbursement” category.
Arent Fox is pleased to announce the launch of the Investigations Blog, a dedicated resource for legal updates and analysis on key enforcement news for companies and executives in highly regulated industries.
On September 11, 2018, hospital advocacy groups and three individual hospitals filed a complaint in the United States District Court for the District of Columbia.
A federal district court vacated in its entirety the Centers for Medicare and Medicaid Services’ (CMS) regulations regarding the reporting and returning of overpayments by Medicare Advantage plan insurers.
Health Care Partner Stephanie Trunk was interviewed by HealthLeader on a recent ruling that vacated the Medicare Advantage 2014 Overpayment Rule.
Health care plans are seeing an increase in the number of claims from their enrollees for reimbursement for mental health, behavioral, and substance abuse services obtained at “wilderness camps.”
On August 28, 2018, the United States District Court for the Eastern District of California (the Court) dismissed with leave to amend the Pharmaceutical Research and Manufacturers of America’s (PhRMA) lawsuit challenging the constitutionality of California’s new drug price transparency law.
The Department of Health and Human Services Office of the Inspector General published a request for information seeking public comments on what new or modified safe harbors to the Anti-Kickback Statute or exceptions to the beneficiary inducements prohibition.
Forty Arent Fox LLP attorneys have been rated as leaders in their profession by The Best Lawyers in America 2019.
The Centers for Medicare & Medicaid Services has released its “Proposed Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs” for calendar year 2019 (the Proposed Rule).
On July 24, 2018, the United States Court of Appeals for the Fourth Circuit denied the State of Maryland’s petition for an en banc rehearing of the Fourth Circuit’s April 13, 2018 decision in the matter of Association of Accessible Medicines v. Frosh.
In a decision that all hospitals should be aware of, on July 9, 2018, the Tenth Circuit reversed a lower court’s dismissal of a False Claims Act case against a physician and two hospitals based on allegations that the physician’s procedures were not medically necessary or reasonable.
The Revisions to Payment Policies under the Physician Fee Schedule and Other Revisions to Part B for CY 2019 Proposed Rule (the Proposed Rule) is scheduled to be published in the Federal Register on July 27, 2018.
On Friday, July 13, 2018, the California Office of Statewide Health Planning and Development (OSHPD) posted proposed regulations implementing California’s drug price transparency law.
As the most recent state to address the issue of what to do with unused medications, on July 10, 2018, New York Governor Andrew Cuomo signed the Drug Take Back Act (the Act).
The ABA Young Lawyers Division Health Law Committee and ABA Health Law Section is hosting a networking reception followed by a roundtable discussion with senior government attorneys from CMS, DOJ, and OIG.