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Life Sciences Companies Face Continuing Compliance Challenges in Developing Value-Based and Value-Added Models

On Oct. 20, 2023, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued unfavorable Advisory Opinion 23-08 (AO 23-08), continuing its long-held position that the provision of value-added...more

Illinois Supreme Court: Certain Collected Biometric Data Is Exempt From BIPA Protections

On Nov. 30, 2023, the Illinois Supreme Court, in Mosby v. The Ingalls Memorial Hospital et al., held that certain healthcare providers’ biometric data, used for healthcare operational purposes under the Health Insurance...more

HHS Proposes Information Blocking Disincentives to Complement Existing Penalties

On Nov. 1, 2023, the Department of Health and Human Services (HHS), the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator (ONC) issued a proposed rule, the “21st Century Cures Act:...more

HHS Rescheduling, SAFER Banking Act May Change the Marijuana Landscape

In late August 2023, the Department of Health and Human Services (HHS) recommended rescheduling marijuana from a Schedule I substance to a Schedule III substance under the Controlled Substances Act (CSA), signaling the...more

FDA Issues Draft Guidance for Cosmetic Product Listing and Facility Registration

On Aug. 7, 2023, the U.S. Food and Drug Administration (FDA) released draft guidance, “Registration and Listing of Cosmetic Product Facilities and Products: Guidance for Industry,” which would require facilities that...more

FTC Proposes Modifying Health Breach Notification Rule for Non-HIPAA Entities

In an effort to formalize its Sept. 15, 2021, Statement of the Commission on Breaches by Health Apps and Other Connected Devices, as previously discussed in a McGuireWoods Oct. 5, 2021, alert, the Federal Trade Commission...more

Ozempic® Shortages Present Risks and Rewards for Compounding Pharmacies

In recent years, various federal agencies, including the Department of Health and Human Services Office of the Inspector General and the U.S. Food and Drug Administration (FDA), have increasingly scrutinized compounded...more

HHS Language Access Progress Report – OCR Will Hold Providers to the “Highest Bar”

On May 24, 2023, the U.S. Department of Health and Human Services (HHS) released its first Language Access Annual Progress Report (the Report) reflecting on its advancements since the 2022 HHS Equity Action Plan (Equity Plan)...more

Breaking The Stigma and Reaping The Medical Benefits: Decriminalizing Psilocybin

Over the past few years, the conversation surrounding recreational and medical use of psilocybin has shifted due to growing evidence of its significant mental health benefits. This newfound social acceptance of psilocybin has...more

CMS Ends COVID-19 Vaccine Mandate for Medicare- and Medicaid-Certified Providers and Suppliers

On June 5, 2023, the Centers for Medicare & Medicaid Services (CMS) published a final rule in the Federal Register that withdraws COVID-19 vaccination mandates for certain providers’ staff members and withdraws long-term care...more

Providers Must Offer Effective Communication for Hearing-Impaired or Face ‘Robust Enforcement’

The U.S. government entered into two recent settlements with healthcare providers who allegedly denied deaf and hearing-impaired patients or their caregivers auxiliary aids for effective communication. These settlements...more

End of an Era: White House Ends Many Federal COVID-19 Vaccine Requirements

On May 1, 2023, the White House announced it would end the COVID-19 vaccine requirements for federal employees, federal contractors and international air travelers effective May 11, the same day the federally declared...more

End of COVID-19 Emergency: Legal Implications for Healthcare Providers

On Jan. 30, 2023, President Joe Biden announced that the COVID-19 public health emergency (PHE) will end May 11, 2023. Under the PHE, the federal government implemented a range of modifications and waivers impacting Medicare,...more

Behind the Facade: Six Legal Considerations for Med Spa Transactions

With increased demand for cosmetic procedures and wellness treatments among both the older and younger generations, the med spa industry is booming. The global med spa market is expected to grow from $14.4 billion in 2022 to...more

4/26/2023  /  Botox , Investment , Investors , Physicians

Pharmaceutical Suppliers Beware: Expect Increased Scrutiny of Average Wholesale Pricing Methodology and Marketing “The Spread”

A Texas federal court recently denied a pharmaceutical supplier’s motion to dismiss claims brought by a whistleblower under the federal False Claims Act (FCA) alleging violations of the Anti-Kickback Statute (AKS) and...more

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