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FDA Extends Comment Period on Third-Party Medical Device Servicing

April 27, 2016 | Blog | By Benjamin Zegarelli

As an update to my post on Friday, April 22, FDA has extended the deadline for comments on third-party servicing of medical devices. According to FDA's notice of extension, comments are now due by June 3, 2016.
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Justices Grapple with Limits of False Claims Act Liability in Implied Certification Cases

April 26, 2016 | Blog

Last week the Supreme Court heard oral argument in a False Claims Act (“FCA”) case in which the Court is considering the validity of the so-called implied false certification theory. This theory attaches FCA liability when a person submits a claim for payment notwithstanding a violation of an underlying law or regulation, but without a factually false claim form.
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FDA Still Seeking Manufacturer Views on Medical Device ISO Regulation

April 22, 2016 | Blog | By Benjamin Zegarelli

On March 4, 2016, the FDA issued notice in the Federal Register that it had opened a docket to accept comments on the agency’s proposed plan to address the refurbishing, remarketing, rebuilding, remanufacturing, and servicing of medical devices by entities other than the officially listed manufacturer.
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Massachusetts Establishes Road-Map for New ACO Program

April 22, 2016 | Blog | By Bridgette Keller, Daria Niewenhous

Massachusetts Secretary of Health and Human Services, Marylou Sudders, held a public meeting earlier this week to receive feedback on the proposal of the Executive Office of Health and Human Services (EOHHS) to overhaul the Massachusetts Medicaid program, known as MassHealth. 
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OCR Releases New HIPAA Audit Protocol and Other Audit-Related Materials

April 20, 2016 | Blog | By Dianne Bourque

Earlier this month the Department of Health and Human Services Office for Civil Rights (OCR) released a revamped audit protocol that now addresses the requirements of the 2013 Omnibus Final Rule. OCR will be using the audit protocol for its impending Phase 2 audits of covered entities and business associates, which are set to begin next month.
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Hospitals Settle DOJ Suit Alleging Illegal Division of Marketing Territories

April 18, 2016 | Blog | By Dionne Lomax

Two West Virginia hospital systems settled a lawsuit filed yesterday by the Department of Justice (“DOJ” or “Department”) alleging that they agreed to allocate territories for marketing health care services in violation of Section 1 of the Sherman Act.
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Mintz's Health Care Enforcement Defense Group Publishes New Qui Tam Update

April 14, 2016 | Blog | By Samantha Kingsbury

Yesterday, Mintz’s Health Care Enforcement Defense Group published its most recent Health Care Qui Tam Update.  This Update covers 42 health care-related False Claims Act qui tam cases that have been unsealed since the last Health Care Qui Tam Update.
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CMS Announces New Alternative Payment Model for Primary Care

April 13, 2016 | Blog

Earlier this week, CMS announced the launch of an initiative aimed at transforming the way primary care is delivered. The Comprehensive Primary Care Plus (CPC+) model will be a voluntary 5 year program accommodating some 5,000 physician practices across 20 geographic regions.
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Registration for the 2016 Mintz/ML Strategies Pharmacy Industry Summit is Open! (May 10, 2016)

April 12, 2016 | Blog | By Theresa Carnegie

The pharmacy industry is under increasing scrutiny from all angles. Whether at the legislative or agency level, Washington as well as many states seem intent on addressing perceived issues surrounding drug pricing, reimbursement, and program integrity.
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LSU Hospital Operator May Proceed with Antitrust Suit Against Competing Health System

April 11, 2016 | Blog | By Dionne Lomax

The antitrust suit against Willis Knighton Medical Center will continue following the denial of its motion to dismiss.  BRFHH Shreveport v. Willis Knighton Med. Ctr., case number 5:15-cv-02057 (W.D. La. Mar. 31, 2016). The case was filed last July by BRFF Shreveport, a competing healthcare provider, and Vantage Health Plan, a health insurer.
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Talking about The Challenge of Quality in Health Care Policy Development

April 11, 2016 | Blog

Last week, I spoke at the National Quality Forum Annual Conference in Washington, D.C. about the role of health care quality in policymaking on the Hill. The challenge of policy making on the Hill is that many people know that quality is important. Policymakers know they need to be talking about health care quality.  Unfortunately, too often quality is just a buzz word. 
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Recent Updates to State Breach Notification Laws - Tennessee

April 8, 2016 | Blog

My colleagues in the Privacy and Security Group recently updated the Mintz Matrix, a summary of U.S. state data breach notification laws. While we often discuss HIPAA on Health Law and Policy Matters, health care organizations must be aware of separate state notification requirements and other privacy and security laws that may apply in the event of a data breach.
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FDA Differentiates Biosimilar Labeling from Generic Drug Labeling

April 4, 2016 | Blog | By Joanne Hawana , Lauren Moldawer

In another highly anticipated regulatory move, FDA has released draft guidance on “Labeling for Biosimilar Products.” Made public on March 31st, the draft guidance sets forth FDA’s recommendations on the labeling of biosimilar products that are approved via the abbreviated licensure pathway created in 2010 by the BPCIA.
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Biosimilar Developments Continue at a Rapid Pace

April 1, 2016 | Blog | By Joanne Hawana

As our regular readers know, we’ve been tracking regulatory approvals, reimbursement policies, pharmacy substitution laws, and other developments related to biosimilar biological products. Biosimilars rely on the safety and efficacy history of an existing biological product for FDA approval by demonstrating that the biosimilar is “highly similar” to the reference product. 
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Judge Sides with AseraCare, Grants Summary Judgment in $200 Million FCA Case

April 1, 2016 | Blog | By Laurence Freedman, Samantha Kingsbury

Much like the rest of the health care world, we have been following the AseraCare case since May of last year when the Alabama federal district court granted AseraCare’s motion to bifurcate its False Claims Act (FCA) trial into Phase I that would address “falsity” and Phase II that would address “knowledge” and other FCA elements.
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Delay in Final Rule Implementing PAMA: Sunshine Act Revisited?

March 31, 2016 | Blog | By Bridgette Keller, Karen Lovitch

As reported in our 2015 Laboratory Industry Year in Review post, the laboratory industry began 2016 amid confusion regarding how to comply with the Protecting Access to Medicare Act of 2014 (PAMA), which made the most significant changes to the Medicare Part B payment structure for laboratories since implementation of the Medicare Clinical Laboratory Fee Schedule (MCLFS) in 1984.
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CMS Seeks Input on Medicare's Value-Based Insurance Design Model

March 29, 2016 | Blog

Last week, CMS asked Medicare Advantage Organizations for feedback on the Medicare Advantage Value-Based Insurance Design model test that will begin on January 1, 2017.
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Ready or Not, It’s Time For Phase 2 HIPAA Audits

March 22, 2016 | Blog | By Dianne Bourque

On March 21st, the HHS Office for Civil Rights (“OCR”) officially launched Phase 2 of the HIPAA Audit Program. Covered Entities and Business Associates need to be prepared for these audits and be on the lookout for emails from OCR that will begin the audit process.
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Drug Company Payments and Prescribing Patterns Linked, Massachusetts Is An Outlier

March 18, 2016 | Blog

As reported in yesterday's Boston Globe, compared to national averages, Massachusetts physicians are less likely to receive payments or items of value from pharmaceutical companies and less likely to be heavy prescribers of brand-name drugs.
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Don’t Neglect Your Business Associate Agreements!

March 17, 2016 | Blog | By Dianne Bourque

As we have repeatedly emphasized on this blog, HIPAA Covered Entities must ensure that they have compliant business associate agreements (“BAAs”) in place with all of their business associates and must ensure that they have performed a comprehensive risk assessment.
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