JURIST

JULY 26, 2022

after the Department of Health and Human Services (DHHS) said that Pfizer’s plan to cover patients’ copays for its heart failure medications violated US law. The post US Appeals Court rules Pfizer plan to cover heart medication copays violates US law appeared first on JURIST - News.

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Court Rules Laws Court Healthcare 104

Constitutional Law Reporter

JULY 6, 2023

Supreme Court narrowed the scope of a federal aggravated identity theft statute. Facts of the Case Petitioner David Dubin was convicted of healthcare fraud under 18 U.S.C. The crux of the healthcare fraud was a misrepresentation about the qualifications of petitioner’s employee,” Justice Sonia Sotomayor wrote. 1028A(a)(1).

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Statute Healthcare Court Constitutional Law 52

JURIST

MARCH 1, 2022

Law students and young lawyers in Ukraine are filing for JURIST on the latest developments in that country as it defends itself against Russian invasion. During the first five days of combat, Russian forces attacked dozens of civilian targets, which do not qualify as legitimate military targets under international law.

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Statute Legal Legal Healthcare 197

SCOTUSBlog

JUNE 28, 2024

Share In a major ruling, the Supreme Court on Friday cut back sharply on the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretion of ambiguous laws. By a vote of 6-3, the justices overruled their landmark 1984 decision in Chevron v.

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JURIST

APRIL 28, 2022

This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes. Cummings then filed a lawsuit against Premier for discrimination on the basis of her disability, alleging that the company violated federal anti-discrimination laws when refusing to provide her with an interpreter.

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FDA Law Blog

OCTOBER 3, 2022

In a statement , the company denied all allegations raised in the case, saying that it believed its intent and conduct to be at all times lawful and appropriate. Department of Health and Human Services (HHS) and the Department of Justice (DOJ) have aggressively pursued antikickback cases in the healthcare industry. See 42 U.S.C.

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Healthcare Statute Manufacturing Government 105

Day on Torts

APRIL 15, 2021

Defendant argued that plaintiff’s claim could not stand because it was “premised solely on vicarious liability, but the underlying claims against the alleged agents were barred by the statute of limitations at the time suit was filed against [defendant].” Methodist Healthcare-Memphis Hospitals , 325 S.W.3d In Gardner v. 3d 98 (Tenn.

Statute 52

Statute Court Laws Healthcare 52

FDA Law Blog

APRIL 25, 2023

The technological characteristics in this context may cover a wide range of device functions, for instance, monitoring features, stimulation parameters, and communications with healthcare providers. Please refer to the help text in this section for the content that is required according to this statute.” Special 510(k)s.

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FDA Law Blog

JUNE 15, 2022

The hospitals argued that the profits helped them offset the considerable costs of providing healthcare to the uninsured and underinsured in low-income and rural communities, something that Congress was well aware of and intended when it passed the Medicare Prescription Drug, Im­provement, and Modernization Act in 2003. Becerra, No.

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SCOTUSBlog

JUNE 11, 2021

They ask the court to clarify prior case law on bar-association dues and declare that the Oregon policy is subject to the same “exacting” First Amendment scrutiny as laws involving subsidized speech by public-sector unions. Lastly, Healthcare Distribution Alliance v. Oregon State Bar.

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Healthcare Attorney Manufacturing Statute 106

FDA Law Blog

MARCH 24, 2024

By Faraz Siddiqui — As drug manufacturers battle the Health Resources and Services Administration (“HRSA”) in federal courts over the role of 340B contract pharmacies, an Eighth Circuit decision to uphold a 2021 Arkansas law may render those cases inconsequential in that state. Code Ann. § 23-92-604(c)(1), (2) (Act 1103).

Manufacturing 59

Manufacturing Contract Laws Statute 59

LawSites

OCTOBER 29, 2021

However, there is one notable addition to the subscription site — a comprehensive collection of primary source content covering all federal and state statutes and regulations. Until now, the platform included primary source law only to the extent it related to the practice areas WK covers.

Legal Research 98

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FDA Law Blog

NOVEMBER 6, 2022

Gaulkin — We previously blogged about Pfizer’s copay assistance lawsuit, which sought to challenge HHS’s interpretation of the Federal health care program anti-kickback statute (AKS) and position that the company’s proposed copay assistance program would violate the AKS. By Sophia R. Background. 3d 774 (7th Cir. Greber, 760 F.2d

Mens Rea 83

Mens Rea Statute Healthcare Manufacturing 83

Constitutional Law Reporter

DECEMBER 16, 2022

Supreme Court recently agreed to consider a case that is expected to define the scope of federal identity theft law. He was subsequently charged with healthcare fraud, as well as aggravated identity theft under 18 U.S.C. A jury found Dubin guilty of one charge of healthcare fraud and aggravated identity theft. Facts of the Case.

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Healthcare Court Felony Statute 52

At the Lectern

JULY 24, 2023

Interpreting federal statutes, regulations, and an administrative manual, the court adopts “[a] narrower definition of unallowable advertising,” one that makes a “distinction between advertising that educates potential beneficiaries about needed care and advertising designed to generate revenue.”

Healthcare 40

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FDA Law Blog

NOVEMBER 30, 2022

Brevig, Senior Regulatory Device and Biologics Expert — Earlier this year, we posted on the still unsettled state of the law regarding whether “FDCA violations may, in certain circumstances, be material to the government’s decision whether to pay for the affected product, and thus relevant in an FCA case.” By JP Ellison & Holly N.

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Manufacturing Healthcare Contract Government 72

LawTechnologyToday

JANUARY 25, 2021

Both serve to depict healthcare that is provided virtually and without physical contact with a healthcare provider. A patient explains his or her complaints virtually, often by video conferencing, and the healthcare provider will give a recommendation or diagnosis. Potential for fraud and abuse. Privacy and confidentiality.

Legal 65

Legal Legal Healthcare Technology 65

SCOTUSBlog

JULY 22, 2022

In three of the past four terms, the Supreme Court has rejected broad readings of white-collar criminal laws urged by the federal government. Issue : Whether a federal court deciding a state-law issue in a bankruptcy case must apply the forum state’s choice-of-law rules or federal choice-of-law rules to determine what substantive law governs.

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Healthcare Government Immigration Criminal Law 78

The Process Street

NOVEMBER 28, 2023

Applications of AI in healthcare Artificial intelligence in the healthcare industry has numerous applications that can improve patient care, diagnoses, and overall efficiency in the industry. Fraud detection AI can be used to detect and prevent fraudulent activities in government programs such as social security, tax, and healthcare.

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Virtual Assistant Healthcare Entertainment Education 105

FDA Law Blog

SEPTEMBER 19, 2023

The FTC expressed concern that patent listings that do not meet the statutory criteria undermine the competitive process, may disincentivize investment in developing generic and follow-on products, and reduce patient access to more affordable drugs thereby increasing costs to the healthcare system.

Manufacturing 105

Manufacturing Statute Healthcare Litigation 105

Patently O

AUGUST 5, 2024

Kaijet highlights the narrowness of the pre-filing grace period (safe harbor) provision under the America Invents Act (AIA) and serves as a reminder that there are a number of patents that would have been valid under the pre-AIA patent system may no longer be valid under the current law. In Helsinn Healthcare S.A. Sanho Corp.

Statute 111

Statute Court Healthcare Laws 111

LawSites

OCTOBER 29, 2021

However, there is one notable addition to the subscription site — a comprehensive collection of primary source content covering all federal and state statutes and regulations. Until now, the platform included primary source law only to the extent it related to the practice areas WK covers.

Legal Research 52

Legal Research Legal Legal Statute 52

FDA Law Blog

JANUARY 6, 2022

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

Court 52

Court Statute Contract Litigation 52

Blumberg

MAY 25, 2021

This update complies with amendments to the Power of Attorney Statute that takes effect June 13, 2021. The distinctive boilerplate and usage in countless transactions have become the trusted choice of attorneys and the financial, real estate, business, and healthcare communities.

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Attorney Real Estate Healthcare Statute 45

FDA Law Blog

AUGUST 8, 2024

Governors, state cannabis regulators, law enforcement groups and local governments weighed in, as did marijuana advocates and opponents, marijuana industry associations, Members of Congress, federal law enforcement groups, healthcare and human rights groups, unions and trade associations, and private individuals. 21 U.S.C. §

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Healthcare Manufacturing Attorney Statute 59

Patently O

MARCH 4, 2024

It held that under pre-AIA Federal Circuit precedent, a patentee’s sale of a product made by a secret process placed the process “on sale” under the statute, thus invalidating later patent claims to the process. But, the problem is that the statute expressly asks whether the invention was “on sale.”

Manufacturing 40

Manufacturing Statute Healthcare Court 40

Patently O

AUGUST 9, 2022

Accord Healthcare, Inc., Two groups of law professors have each filed an amicus brief in support of the petition. The patentee in the case argues that inherency is too strict a standard and that it goes beyond what is required by the statute and prior precedent. by Dennis Crouch. 21-1070; petition from 38 F.4th 4th 1013 (U.S.

Healthcare 61

Healthcare Court Law School Statute 61

FDA Law Blog

JUNE 16, 2023

Prohibition on Excessive Price Increases The law prohibits manufacturers from imposing or causing to be imposed an “excessive price increase,” whether directly or through a wholesale distributor, pharmacy, or similar intermediary, on the sale of any generic or off-patent drug sold or dispensed to any consumer in the state.

Manufacturing 45

Manufacturing Calendaring Healthcare Statute 45

FDA Law Blog

JANUARY 6, 2022

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

Court 40

Court Statute Contract Litigation 40

Customs & International Trade Law

APRIL 18, 2024

The law attempts to reward whistleblowers and disincentivize committing fraud and can be used to expose customs fraud. The law attempts to reward whistleblowers and disincentivize committing fraud and can be used to expose customs fraud. What is the False Claims Act? Register here.

Government 40

Government Healthcare Statute Laws 40

Day on Torts

AUGUST 19, 2021

6) motion is the correct vehicle to challenge compliance with the requirement of pre-suit notice in a healthcare liability action.” The Court pointed out that the motion in Martin was a motion for summary judgment, which is why the Court therein cited Rule 56, but that the Martin opinion held that “a Rule 12.02(6) internal citation omitted).

Healthcare 52

Healthcare Court Statute Court Rules 52

MyCase

AUGUST 16, 2022

Ultimately, it is usually a lawyer’s decision on when to retire—dependent if the law firm has a mandatory retirement policy. Some law firms have policies that require attorneys to retire by a certain age—usually between 65 and 70. law firms have a mandatory retirement policy in place. It is never too soon to begin planning.

Lawyer 52

Lawyer Lawyers Law Firm Law Firms 52

At the Lectern

JULY 27, 2023

The court granted review in two cases alleging that failures to adequately disclose hospital emergency room “Evaluation and Management Services” fees violated the state’s Consumers Legal Remedies Act and Unfair Competition Law. In an unpublished opinion , the Sixth District Court of Appeal in Capito v. In In re Ja.O. ,

Statute 40

Statute Court Calendaring Healthcare 40

FDA Law Blog

DECEMBER 12, 2022

There appears to be significant overlap in content between the Checklist and informed consent forms and processes routinely provided by healthcare providers to their patients. This document is intended only to provide clarity to the public regarding existing requirements under the law.” This proposal is a[n].

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Drafting Manufacturing Legal Legal 52

JURIST

FEBRUARY 19, 2025

These victims have also been exposed to acute hunger and lack of healthcare services. Minister Aleisir in the statement classified RSF as a terrorist organization due to the committal of a series of crimes that conflict with humanitarian law, religious values, and international law. million people.

Healthcare 179

Healthcare Lawyer Lawyers Statute 179

SCOTUSBlog

NOVEMBER 15, 2023

Separately, federal law also permits tribes to negotiate their contracts with the IHS to allow the tribe to bill its members’ insurance (whether private insurance, federal Medicare or Medicaid, workers’ compensation, or some other kind) for the services provided. And in 2023, a divided panel of the U.S. United States , Thomas v. 3 and Nov.

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Healthcare Contract Court Government 115

LexForti

OCTOBER 27, 2022

The Author Niharika Mukherjee is associated to the National Law School of India University (NLSIU) Bangalore. For this purpose, this article shall rely on model turnkey contracts drafted by Indian and international institutions, [3] apart from relevant case law and statutory provisions. Niharika Mukherjee. Introduction.

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