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Health Care Counsel Blog

Articles: 11-20 of 188

Fourth Circuit Denies Maryland’s Request for En Banc Rehearing: Drug Price-Gouging Law Remains Unconstitutional

USA - August 1 2018 The denial of the State’s petition effectively upholds the April 13 ruling in which the three-judge panel held that the Maryland statute prohibiting…

California and Nevada Agencies Move Ahead with Drug Price Transparency Rule Making

USA - June 7 2018 The California Office of Statewide Health Planning and Development (OSHPD) has posted a preliminary working draft of the regulations implementing…

CMS Proposes to Revamp the Electronic Health Records Program for Hospitals

USA - June 5 2018 The Centers for Medicare and Medicaid (CMS) is overhauling the Electronic Health Records (EHR) Medicare and Medicaid program for hospitals. In a…

CMS Issues Letter Prohibiting Pharmacy ‘Gag Clauses’ for Part D Plan Sponsors in First Step to Lower Drug Prices

USA - May 22 2018 On May 17, 2018, CMS issued a strongly-worded letter to Part D plan sponsors stating that pharmacy “gag clauses” are unacceptable. “Gag clauses”…

Medical Providers Beware: Ninth Circuit Says Plan Had No Duty to Disclose Anti-Assignment Provision Barring Provider’s ERISA Claims

USA - May 21 2018 In a recent decision, Eden Surgical Center v. Cognizant Technology Solutions Corporation et al., No. 2:15-cv-01633-RGK-E (Apr. 26, 2016), the US Court…

HRSA Kicks the Can Down the Road (Again) on 340B Rules

USA - May 8 2018 The Health Resources and Services Administration (HRSA) published a notice in the Federal Register on May 7, 2018 (the Proposed Rule) proposing its…

Recent Anti-Kickback Settlements Continue to Generate Substantial Revenue for DOJ

USA - May 4 2018 The latest False Claims Act settlements indicate that the Anti-Kickback Statute continues to be an enforcement priority and a key tool for identifying…

Maryland’s Drug Price-Gouging Law Struck Down As Unconstitutional

USA - April 20 2018 On Friday, April 13, 2018, in an opinion that may have far-reaching effects, the United States Court of Appeals for the Fourth Circuit found…

New CMS Final Rule Gives States Increased Flexibility to Define Essential Health Benefits Despite Disapproval from Patient Advocacy Groups

USA - April 19 2018 In a new final rule released on April 9, 2018, CMS is allowing states substantially more flexibility in selecting Essential Health Benefits…

Pharma Manufacturers Must Take Action: CMS Releases First Revised Version of the Medicaid Drug Rebate Program National Rebate Agreement Since 1991

USA - April 3 2018 The Centers for Medicare & Medicaid Services (CMS) published a final notice in the Federal Register on March 23, 2018, to amend and update for the…