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Federal Court Rejects Relator's Swapping Allegations in False Claims Act Case
August 15, 2014 | Blog | By Samantha Kingsbury, Karen Lovitch
This week a federal district court in Ohio ruled in favor of Mobilex USA (Mobilex), the country's largest mobile medical imaging company, on a motion for summary judgment in a False Claims Act (FCA) suit filed by a former employee, Kevin P. McDonough.
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OIG Approves Manufacturer’s Direct-to-Patient Discount Sales Program
August 13, 2014 | Blog | By Theresa Carnegie
The Office of Inspector General (“OIG”) recently posted an Advisory Opinion approving a pharmaceutical manufacturer’s direct-to-patient product sales program.
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ML Strategies Posts Weekly Health Care Update on August 11, 2014
August 13, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
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CMS Temporarily Closes the Open Payments System
August 12, 2014 | Blog | By Brian Dunphy
Open Payments is the website through which pharmaceutical and medical device manufacturers (“Manufacturers”) report payments and transfers of value to physicians and teaching hospitals, as required by the Sunshine Act.
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No Bones About It: Tenth Circuit Permits Narrowest Market Definition and Raises the Bar for an Entry Defense When Reinstating Monopolization Suit
August 11, 2014 | Alert | By Bruce Sokler, Dionne Lomax, Robert Kidwell, Farrah Short
On August 5, 2014, the Tenth Circuit Court of Appeals reinstated claims of monopolization and attempted monopolization under Section 2 of the Sherman Act brought by a manufacturer of surgical bone mills against a competitor.
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ML Strategies Posts Weekly Health Care Update on July 28, 2014
August 1, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
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Continued Delays for Visa Issuance Around the World
August 1, 2014 | Alert | By Susan Cohen
As we reported on Monday, due to a massive software failure of the Department of State’s Consular Consolidated Database (CCD), there continue to be delays in the issuance of visas at consular posts around the globe.
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Delays at U.S. Consular Posts Around the World
July 28, 2014 | Alert | By Danielle Lifrieri
Multiple reports have confirmed that the U.S. Department of State’s global database for issuing travel documents recently crashed. While the system has been restored, it is operating at reduced capacity and significant backlogs have developed.
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Keep the Benefit of the Bargain - Reps and Warranties Survival in Healthcare Deals
July 28, 2014 | Blog
In recent healthcare mergers and acquisitions, we have seen the parties increasingly focus on the survival length of the representations and warranties in the purchase agreements.
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Charting the Future of Premium Subsidies under the Affordable Care Act: Halbig v. Burwell and King v. Burwell
July 24, 2014 | Blog | By Roy Albert
On July 22nd, 2014, two federal appellate courts issued conflicting decisions, within hours of each other, regarding the IRS final rule published on May 23, 2012 (the “IRS Rule”), intended to implement the exchange-related tax credit provisions of the Affordable Care Act (“ACA” or the “Act”).
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ML Strategies Posts Weekly Health Care Update on July 21, 2014
July 22, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
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New Massachusetts Law Targets Self-Referrals of Clinical Laboratory Services
July 18, 2014 | Blog | By Karen Lovitch, Samantha Kingsbury
The Fiscal Year 2015 budget for the Commonwealth of Massachusetts, which was signed into law earlier in the week, included a broad prohibition on clinical laboratory self-referrals.
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Corporate Practice of Medicine: An Old Doctrine Breathing New Life
July 15, 2014 | Blog | By Theresa Carnegie
Many states prohibit or limit the corporate practice of medicine (CPOM), either through statute or common law. These states generally bar a business corporation from practicing medicine or employing a physician to provide professional medical services.
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ML Strategies Posts Weekly Health Care Update on July 14, 2014
July 15, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
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CMS Proposes Changes to Sunshine Act Reporting
July 9, 2014 | Blog
Drug and device manufacturers breathing a sigh of relief after completing their 2013 data submissions under the Physician Payment Sunshine Act (the “Sunshine Act’) must now contend with four proposed changes to the Sunshine Act regulations.
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New York Enacts Out-Of-Network Transparency and Coverage Reform
July 8, 2014 | Blog | By Theresa Carnegie
Last month, a woman sued a health plan, claiming that she was intentionally misled about which physicians were participating providers in the company’s online health insurance exchange established under the Affordable Care Act.
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New Connecticut Pharmacy Rewards Disclosure Bill Took Effect July 1
July 2, 2014 | Blog
On June 12th, Connecticut governor Dannel P. Malloy signed into law "An Act Concerning Pharmacy Rewards Programs And Protected Health Information". The law went into effect July 1st, and applies to pharmacy retailers in the state of Connecticut.
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Supreme Court: Closely-Held Corporations Are Protected by the Religious Freedom Restoration Act - Who Will Foot the Bill?
July 1, 2014 | Blog | By Theresa Carnegie
Yesterday morning, the U.S. Supreme Court announced its decision in the much anticipated Burwell v. Hobby Lobby case, holding that closely-held corporations are protected by the Religious Freedom Restoration Act of 1993 (“RFRA”), and therefore cannot be required to pay for employee health plans that cover contraceptives if the corporation’s owners have religious objections.
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ML Strategies Posts Weekly Health Care Update on June 30, 2014
July 1, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
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ML Strategies Posts Weekly Health Care Update on June 23, 2014
June 25, 2014 | Blog | By Theresa Carnegie
ML Strategies has posted its weekly Health Care Update. This publication provides timely information on implementation of the Affordable Care Act, Congressional initiatives affecting the health care industry, and federal and state health regulatory developments.
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