Searching Content indexed under Food, Drugs, Healthcare, Life Sciences by Sheppard Mullin Richter & Hampton ordered by Published Date Descending.
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The Eleventh Circuit Remands AseraCare, But Affirms High Hurdle For Proving Falsity
In a highly anticipated opinion in the AseraCare case, issued on September 9, 2019, the Eleventh Circuit Court of Appeals affirmed the district court's holding
United States
16 Sep 2019
CMS Finalizes Rule Expanding Its Authority To Deny And Revoke Medicare Program Enrollment, Among Other Changes
On September 5, 2019, the Centers for Medicare and Medicaid Services ("CMS") released a final rule with comment period entitled, "Program Integrity Enhancements to the Provider Enrollment Process"
United States
13 Sep 2019
Long-Term Care Providers And Corporate Compliance Programs: The Impending November 28, 2019 Deadline Is Fast Approaching
A 2016 Final Rule from CMS created a new regulatory requirement for long-term care facilities, 42 C.F.R. § 483.85, that mandates such facilities have in operation, by November 28, 2019,
United States
10 Sep 2019
CMS Plans Updates To Star Ratings
On August 19, 2019, the Centers for Medicare and Medicaid Services ("CMS") announced plans for two updates to its Overall Hospital Quality Star Ratings ("Star Ratings").
United States
2 Sep 2019
What's The VA Got To Do With It? Military Medical Procurement Changes Reach The VA
There are big changes happening in military healthcare procurement. Some are unsurprising given the October 1, 2019 deadline for the reorganization of all military hospitals and clinics
United States
30 Aug 2019
Eleventh Circuit Affirms Key Kickback Statute, Stark Law, And False Claims Act Principles In Dismissing Allegations Against HCA
On July 31, 2019, the U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court's decision to grant summary judgment to hospital operator HCA and dismiss relator Thomas
United States
20 Aug 2019
How FDA Considerations Impact Food And Beverage Acquisitions
When considering an acquisition of a food and beverage company, potential buyers of a company or its assets should pay particular attention to U.S. Food and Drug Administration requirements
United States
19 Aug 2019
CMS Finalizes 2020 Hospice Rule: Big Changes Coming
On August 6, 2019, CMS finalized its 2020 hospice rule, including adopting, without substantial modification, two controversial and material changes to the hospice benefit:
United States
14 Aug 2019
Unintended Consequences: Dynamex And California Health Care Employers
The California Supreme Court's 2018 landmark decision, Dynamex Operations West, Inc. v. Superior Court (Dynamex),
United States
12 Aug 2019
Proposed And Expanded Disclosure Obligations For Hospitals Regarding Not Only Gross Charges, But Third Party Payor Pricing As Well
On July 29, 2019, CMS released its proposed outpatient prospective payment system ("OPPS") rule outlining a variety of changes it may implement for calendar year 2020.
United States
8 Aug 2019
Is Prescription Drug Pricing The Cure For Partisanship?
The bill passed out of committee by a 19-9 vote on July 25th.
United States
2 Aug 2019
CBO Report Shows Senate's Bipartisan Bill On Surprise Billing, Drug Prices, Transparency, And More Would Result In Deficit Decrease
On July 16, 2019, the Congressional Budget Office ("CBO") released a Cost Estimate for Senate Bill S. 1895, the "Lower Health Care Costs Act.
United States
2 Aug 2019
The State Of Washington Has Another Arrow In Its Healthcare Antitrust Quiver: State Healthcare Antitrust Enforcement In The Spotlight
On May 7, 2019, The Governor of the State of Washington signed into law Substitute House Bill 1607 ("HB 1607") – a first-of-its-kind premerger notification requirement covering healthcare
United States
31 Jul 2019
Don't Spill Your Trade Secrets: Protecting Your Competitive Advantage In The Food And Beverage Industry (Part 1 Of 2)
In the race to get new products to market, food and beverage businesses sometimes neglect their critically important intangible assets — their valuable trade secrets.
United States
29 Jul 2019
SPOTLIGHT ON INNOVATION: Improving Best Practices For Infection Control At Skilled Nursing Facilities
Skilled nursing facilities (SNFs) operate in a changing and challenging environment. The upcoming implementation by the Centers for Medicare & Medicaid Services (CMS
United States
26 Jul 2019
What's In The Bottle? FDA Announces New Blockchain Pilot Program For Tracking Drug Distribution
Where does my prescription come from? Has it been altered or diluted? Can I trust the label? With millions of prescriptions filled each year
United States
23 Jul 2019
CMS Proposes New Home Health Agency Rule Including Potential Changes To Reimbursement, Coverage, Quality, And More: CMS Accepting Comments Until September 9, 2019
On July 11, 2019, the Centers for Medicare and Medicaid Services ("CMS") announced a proposed rule for home health agency Medicare reimbursement that would increase payments by an aggregate 1.3% for 2020
United States
23 Jul 2019
Regulating E-Cigarettes Remains "Top Priority" For FDA
On July 10, 2019 Ned Sharpless, M.D., the Acting Commissioner of the Food and Drug Administration (FDA) issued a statement reaffirming FDA's commitment to overseeing
United States
22 Jul 2019
Cross-Plan Offsetting In The Balance: UnitedHealth Group, Inc. Petitions The Supreme Court To Allow Cross-Plan Offsetting; Response To Be Filed On Or Before July 31, 2019
In its decision, the Court concluded that UnitedHealth Group, Inc. ("United") was not authorized to engage in "cross-plan offsetting." What is cross-plan offsetting? It is a "self-help"
United States
16 Jul 2019
More Data. More Choices. Better Care? New Executive Order Relies On Market Principles To Improve American Healthcare
On June 24, 2019, President Trump signed an executive order that purports to create a more transparent health care market for both patients and providers
United States
15 Jul 2019
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