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Who Are the Medicaid Able-Bodied?

March 6, 2017 | Blog

Medicaid expansion in the Affordable Care Act (ACA) required coverage of individuals with incomes from 0% of the federal poverty level (FPL) through 133% of the FPL. The requirement to cover this group was overturned in NFIB v. Sebelius.  As a result, it is now up to states to determine whether they will offer Medicaid coverage to these individuals.
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Medicaid Financing Reform: Per Capita Caps vs. Block Grants

February 24, 2017 | Blog

In the coming weeks, it is highly likely that House Republicans will come forward with Medicaid financing reform proposals, such as block grant or a per capita cap proposal, or some combination of both. How should these proposals be evaluated?
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Mintz Matrix Updated with Amended State Data Breach Notification Laws in Five States

February 23, 2017 | Blog

As reported on the Privacy and Security Matters blog last week, the Mintz Levin privacy team recently updated the “Mintz Matrix,” a summary of the U.S. state data breach notification laws that we update on a quarterly basis, or more frequently as needed.
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Massachusetts Health Care Industry Facing Policy Changes

February 23, 2017 | Blog

The Massachusetts health care industry is facing policy changes from state and federal decision makers. In a recent Alert, my ML Strategies colleagues Julie Cox, Steven Baddour, Dan Connelly, Caitlin Beresin and Max Fathy consider how state and federal government action will affect a wide variety of health care stakeholders.
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Medicaid Reform: It’s All About Paying Providers

February 22, 2017 | Blog

Health care services cost money.  Often times, a lot of money.  This fundamental truism captures the challenge facing Congressional Republicans as they consider coverage of low income populations as part of their so-called Repeal and Replace effort.
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Fourth Circuit Permits DOJ to Reject an FCA Settlement, But Punts Decision on Statistical Sampling

February 22, 2017 | Blog | By Brian Dunphy, Laurence Freedman

In a closely watched False Claims Act (“FCA”) case, the Fourth Circuit Court of Appeals decided that the Department of Justice (“DOJ”) has an unreviewable right to object to a proposed settlement agreement between a relator and a defendant when the Government has declined to intervene in the case.
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$5.5 Million HIPAA Settlement Underscores Importance of Audit Controls

February 21, 2017 | Blog

On February 16, 2017, the HHS Office for Civil Rights (OCR) disclosed a $5.5 million settlement with Memorial Healthcare Systems (MHS) for HIPAA violations affecting the protected health information (PHI) of 115,143 individuals. The Resolution Agreement, which can be found here, also contains a detailed corrective action plan (CAP).
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OIG Publishes Online Portfolio Highlighting its Body of Work on Drug Pricing and Reimbursement

February 21, 2017 | Blog

For several years now, the public outcry over the issue of drug pricing and reimbursement has increased in frequency and fervor. At least one government agency wants you to know that it has been listening and wants to help provide the information necessary to forge a solution.
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FDA Hardens Its Stance on Intended Use and Off-Label Use and Industry Responds

February 17, 2017 | Blog | By Benjamin Zegarelli

From 2015 to 2016, FDA appeared to open the door to loosening the standards around intended use and off-label use, but recent rule-making and public comments suggest that FDA is becoming more sclerotic instead of flexible.
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CMS’s Draft 2018 Call Letter: Minor Updates, but Largely a Continuation of Current Policies

February 15, 2017 | Blog | By Lauren Moldawer

Earlier this month, the Centers for Medicare & Medicaid Services (CMS) released its 2018 Medicare Advantage and Part D Advance Notice and Draft Call Letter (“Draft Call Letter”). For the majority of the letter's provisions, CMS is proposing to continue its current course of action and is refraining from introducing new policies.
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Another Court Agrees That A Difference Of Opinion On Medical Necessity Is Insufficient to Show Falsity Under the False Claims Act

February 14, 2017 | Blog | By Samantha Kingsbury, Laurence Freedman

Last month, the U.S. District Court for the District of Utah joined the AseraCare court and others in finding that a relator cannot successfully allege violations of the False Claims Act (“FCA”) based on a purported lack of medical necessity unless there is an objective standard articulated by Medicare.
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St. Jude Cybersecurity Vulnerability Extended to Provider-Owned Devices

February 9, 2017 | Blog

Earlier this week, the U.S. Department of Homeland Security (DHS) updated a prior advisory revealing cybersecurity vulnerabilities in St. Jude Medical's Merlin@home transmitter. The Merlin@home transmitter is used by patients with St. Jude implantable cardiac devices to wirelessly transmit data from the patient's cardiac device to the Merlin.net Patient Care Network.
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Revised Draft 2018 Medicare Marketing Guidelines Open For Comment

January 26, 2017 | Blog | By Tara E. Dwyer

Last week, CMS published the Revised Draft 2018 Medicare Marketing Guidelines and requested feedback from all interested parties.
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The Newly Updated Common Rule is Here – And On a Collision Course With the 21st Century Cures Act

January 26, 2017 | Blog | By Dianne Bourque

On January 18th, the U.S. Department of Health and Human Services (HHS) and 15 other federal agencies issued a final rule updating regulations for the protection of human research subjects, the so-called “Common Rule.”
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Recent HIPAA Enforcement Actions

January 25, 2017 | Blog

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) recently announced the first ever settlement related to a Covered Entity’s untimely breach notification in violation of HIPAA.
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Health Care Outlook for 2017 from ML Strategies

January 23, 2017 | Blog

ML Strategies has published its Washington Outlook for 2017, with a collection of materials covering what to expect from the 115th Congress, spanning multiple issues and industries.
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Massachusetts Determination of Need Program – Final Regulations

January 23, 2017 | Blog | By Daria Niewenhous

The Massachusetts Department of Public Health (DPH) Determination of Need (DoN) Program has promulgated final DoN regulations.
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FDA’s Enforcement Priorities Likely to Change in 2017 and Other “Unknowable Knowns”

January 17, 2017 | Blog | By Joanne Hawana

As we enter a new era in which executive agencies are headed by President Trump, we are also faced with many other transformative changes that will affect FDA-regulated entities in a significant and lasting way. This post will outline some of our thoughts related to what could face FDA and its various stakeholders as we go forward into the great unknown.
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Grassley Continues To Press CMS on Medicaid Drug Rebate Classifications: What Will Be the Fallout?

January 12, 2017 | Blog

Back in early October, we were all transfixed by the announced Mylan settlement with the U.S. Department of Justice (DOJ) over Mylan’s alleged underpayments of Medicaid Drug Rebates for the EpiPen.
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Beyond the Eleventh Hour: FDA Prepares to Finalize Intended Use Amendments Despite Midnight Rule Relief Act

January 11, 2017 | Blog | By Benjamin Zegarelli

On Monday, FDA issued a final rule to amend FDA’s established definitions of “intended use” for drugs and devices, the primary consideration in determining whether a product is regulated for a particular use and what regulations apply.
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