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D.C. Circuit Upholds 340B Drug Reimbursement Cuts: Is This the End of the Road?

USA - August 7 2020 Last week, the D.C. Circuit Court of Appeals (the “Court”) reinstated a rule cutting reimbursement rates for drugs purchased at a substantial…

Dan Miller, Elizabeth A. Elias, Lindsey Croasdale, Sara J. MacCarthy, Todd A. Nova.

Are Religious Health Care Organizations Protected by the “Ministerial Exception” Under the Supreme Court’s Recent Decision in Our Lady Of Guadalupe?

USA - July 27 2020 The U.S. Supreme Court recently expanded its unanimous 2012 ruling in Hosanna-Tabor Evangelical Lutheran Church, where it first applied to a…

David B. Honig, Robin M. Sheridan, Ryan A. McDonald.

Wisconsin Supreme Court Strikes DHS Recoupment Policy Requiring ‘Perfect’ Documentation of Medicaid Services

USA - July 17 2020 On July 9, 2020, the Wisconsin Supreme Court held that the Wisconsin Department of Health Services’ (“DHS”) recoupment policy requiring ‘perfection’…

Dan Miller, Sara J. MacCarthy.

Objectively Reasonable Interpretation Saves Pharmacies from FCA Liability

USA - July 14 2020 On July 1, 2020, the U.S. District Court for the Central District of Illinois granted summary judgment in favor of a number of pharmacy defendants…

David B. Honig, James Junger.

Fourth Circuit Dismisses FCA Complaint for Failure to Plead “Rigorous” Scienter Element of FCA Claim and Causal Nexus of Retaliation Claim; Whether Retaliation Can Include ‘Blacklisting’ Not Addressed

USA - June 29 2020 Recently the Fourth Circuit in U.S. ex rel Complin v. North Carolina Baptist Hospital, No. 19-1243, 2020 WL 3167634 (4th Cir. June 15, 2020) (per…