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Health Law Rx Blog Blog

Articles: 1-10 of 209

Surprise… No Surprises Act Arbitration Is Too Expensive

USA - August 28 2023 Providers finally obtained court ordered relief to the $350 administrative fee each party was required to pay as part of the Federal Independent…

Teva FCA Decision Sheds Light on Varying Interpretations of the Elements of an FCA Claim

USA - August 10 2023 How could alleged kickbacks threaten to render insolvent a publicly traded company with assets (taken from its latest SEC filing) in excess of $43…

OCR and FTC Issue Warning to Hospital Systems and Telehealth Providers about Tracking Technologies

USA - July 31 2023 On July 20, 2023, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Federal Trade Commission (FTC) announced…

OIG Issues Information Blocking Penalties Final Rule: Health IT Developers and Health Information Exchanges/Networks Have a Million Reasons to Care

USA - July 18 2023 On June 27, 2023, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued its long-anticipated final rule amending…

The Supreme Court Clarifies the Government’s FCA Dismissal Power and Invites Constitutional Challenge to the FCA’s Qui Tam Provision

USA - June 27 2023 For the second time this month, the United States Supreme Court addressed a circuit split involving the False Claims Act (FCA, 31 U.S.C. §§ 3729 -…

Health Apps Beware: FTC Clarifies Health Breach Notification Rule with Significant Proposed Changes

USA - June 9 2023 Direct-to-consumer health and wellness applications are forewarned: the Federal Trade Commission (FTC) is proposing changes to the (HBNR), 16 C.F.R…

SafeCo No More: The Changing Landscape of Scienter under the False Claims Act

USA - June 2 2023 Yesterday, the United States Supreme Court held that a False Claims Act (FCA) defendant cannot rely on an objectively reasonable interpretation of a…

OCR’s Proposed Rule Finds Fertile Ground for Enhanced Reproductive Privacy Protection

USA - May 25 2023 The Department of Health and Human Services Office for Civil Rights (OCR) issued a proposed rule on April 17, 2023, to amend provisions of the Health…

New Florida Law Will Impose A Third-Party Administrator Licensing Requirement for Pharmacy Benefit Managers

USA - May 4 2023 On May 3, 2023, the Florida governor signed a comprehensive law (SB 1550) regarding pharmacy benefit managers (PBMs). This new law imposes…

All Good Things Must Come to an End: The Expiration of OCR’s Enforcement Discretion

USA - April 27 2023 On April 11, 2023, the Department of Health and Human Services’ Office for Civil Rights (OCR) confirmed that four notifications of enforcement…