A Compilation of Last Month’s Legal Alerts and Blog Posts

Instead of ObamaCare: Giving Health-Care Power to the People
January 29, 2016

Counsel Lanhee Chen recently co-authored “Instead of ObamaCare: Giving Health-Care Power to the People” for the Wall Street Journal. Lanhee and his co-author, James Capretta, worked with health policy experts at a variety of think tanks to develop an alternative to the Affordable Care Act. The article describes what they see as flaws in the ACA and outlines the key features of their alternative, which orients health care policy around the themes of consumer choice and less federal government control.

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Webinar: Text for Success- New Rules for Engaging Your Audience Amid Regulatory Changes
January 29, 2016

On February 17, Arent Fox Communications, Technology & Mobile partner Michael Hazzard and attorney Adam Bowser will be featured speakers for a webinar examining the intersection of HIPAA (Health Insurance Portability and Accountability Act) and the TCPA (Telephone Consumer Protection Act). Partnering with mPulse Mobile, they will discuss how the most recent developments surrounding the TCPA affect engaging healthcare consumers through mobile channels, as well as best practices in this dynamic field.

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The Final AMP Rule: An Overview for Stakeholders
January 28, 2016

On January 21, 2016, the Centers for Medicare & Medicaid Services (CMS) released the long-awaited Final Rule implementing changes to the Medicaid Drug Rebate Program (MDRP) under the Affordable Care Act (ACA). Among other things, the Final AMP Rule addresses changes to the Average Manufacturer Price (AMP) calculation submitted by pharmaceutical manufacturers participating in the MDRP to CMS on a monthly basis, implements the AMP-based Federal Upper Limit (FUL) on reimbursement by state Medicaid programs for multiple source drugs mandated by ACA, and requires state Medicaid programs to implement Actual Acquisition Cost (AAC)-based pharmacy reimbursement methodologies.

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Health Care Fraud Outlook for 2016
January 28, 2016

Bloomberg BNA recently asked partner Linda A. Baumann to analyze the healthcare fraud landscape for 2016 and discuss what providers can do to protect themselves. The article was highlighted in the Health Care Fraud Report.

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Final Average Manufacturer Price (AMP) Rule Released!
January 21, 2016

On January 21, 2016, the Centers for Medicare & Medicaid Services released the Medicaid Covered Outpatient Drugs Final Rule (commonly referred to as the Final AMP Rule), which is available here. The rule is effective April 1, 2016, with a compliance date of April 1, 2017. The Arent Fox team will subsequently issue a comprehensive Client Alert. Stay tuned!

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Lumos Labs Settles With FTC Over Brain Training Program Claims 
January 11, 2016

The Federal Trade Commission announced this week that Lumos Labs had agreed to settle false and deceptive advertising claims related to the company’s promotion of its “Lumosity” cognitive training programs (commonly referred to as “brain training”). Under the FTC’s Settlement Order,Lumos Labs will pay $2 million in consumer redress and notify its on-line subscribers of the FTC settlement, as well as provide them with directions on how to cancel their Lumosity auto-renewal subscriptions.

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Improving Health and Health Care: An Agenda for Reform
January 11, 2016

Arent Fox counsel Lanhee Chen coauthored an article forHealth Affairs Blog, published on December 9, that addresses the role of government control in American health care policy, particularly in the case of the Affordable Care Act.

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Staying Compliant: A Roadmap to Self-Disclosure
January 7, 2016

Partner Linda Baumann and associate Hillary Stemple published an article with AHLA Weekly, The American Health Lawyers Association’s go-to journal, on best practices for staying compliant with the new requirements for overpayment returns.

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