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US Supreme Court rules in favor of healthcare provider in identity theft dispute

JURIST

United States that in order to constitute aggravated identity theft, the use of a person’s identity must be at the “crux” of what makes the conduct criminal, reversing a lower court decision. The government also applied a sentence enhancement under 18 U.S.C.

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US appeals court drops insider trading convictions over healthcare leaks

JURIST

The US Court of Appeals for the Second Circuit Tuesday reversed insider trading convictions against four defendants over leaks from a US healthcare agency. The 2018 convictions were called for reconsideration following the 2020 US Supreme Court decision in Kelly v. million in profits from this scheme.

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Second Circuit Decision A Reminder that Alleged FDCA violations don’t always equal FCA violations

FDA Law Blog

Last month the United States Court of Appeals for the Second Circuit affirmed the district court’s decision to dismiss a False Claims Act (FCA) ( 21 U.S.C In addition, Grifols’s eligibility for government contracts is conditioned on FDA approval of Gamunex and FDA approval is conditioned on compliance with GMPs.

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India dispatch: Supreme Court support for state caste census should encourage push for undertaking delayed national count

JURIST

The Supreme Court of India Friday dismissed a plea challenging the Caste Census initiated in the Indian state of Bihar. By terming the Public Interest Litigation (PIL) a “Publicity Interest Litigation,” the Supreme Court lent its tacit approval to the caste census.

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US federal judge blocks federal vaccine mandate for healthcare workers

JURIST

The court found that the government would not be able defend the order, considering the amount of time that it took to initiate the order and the lack of consultation with members of affected communities. The court noted concerns about the loss of healthcare workers who could potentially quit over the vaccine mandate.

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SCOTUS Narrows Reach of Identity Fraud Statute

Constitutional Law Reporter

Facts of the Case Petitioner David Dubin was convicted of healthcare fraud under 18 U.S.C. The issue before the Court was whether, in defrauding Medicaid, he also committed “[a]ggravated identity theft” under 18 U.S.C. 1347 after he overbilled Medicaid for psychological testing performed by the company he helped manage. 1028A(a)(1).

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Supreme Court Finds CMS’ Reduction of Medicare Hospital Outpatient Payment Rates for 340B Hospitals was Not Authorized by Statute

FDA Law Blog

Kirschenbaum — In 2017, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule to significantly decrease the rate the government will reimburse 340B hospitals in 2018 for outpatient prescription drugs from average sales price (“ASP”) plus 6% to ASP minus 22.5%. By Faraz Siddiqui & Alan M. 52494 (Nov.

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