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Label for Maximum Strength Robitussin, which contained a lower concentration of one of the active ingredients than that of Regular Strength Robitussin, was plausibly deceptive where purchasers were charged more for Maximum Strength Robitussin. A fede...
Note to Subscribers
November 19, 2021
Health Law Daily will not publish next week due to the Thanksgiving holiday. However, we will issue breaking news alerts should there be major developments on Monday or Tuesday of significance to our subscribers. We will resume publication on Monday,...
EMTALA—D.P.R.: Puerto Rican hospital must face EMTALA claims
November 19, 2021
Wendy Biddle, J.D.
Court denied dismissal, finding enough facts to find the plaintiffs were entitled to relief under EMTALA plausible. A federal district court in Puerto Rico found that a family plausibly alleged a violation of the Emergency Medical Treatment and Activ...
PRODUCTS LIABILITY (DRUGS)—S.D. Fla.: Court agrees social media deep dive ‘not worth the candle’ in Zantac® class action
November 19, 2021
Leah S. Poniatowski, J.D.
Manufacturers’ motion to compel denied because broad search across multiple platforms was not proportional or necessary to conduct a reasonable inquiry under federal rules. A group of ten consumers in a class action lawsuit alleging that they develop...
MEDICARE PART B—FINAL RULES: Opioid treatment program payments to be frozen at 2021 rates
November 19, 2021
Jeffrey H. Brochin, J.D.
Interim final rule with comment period issued because it would not be appropriate to implement a decrease to the program rate when substance use and overdoses have been exacerbated by the COVID-19 pandemic. CMS issued an advance release of an interim...
PHYSICIAN FEE SCHEDULE—FINAL RULES: Final rule cuts payments to physicians in 2022, expands telehealth
November 19, 2021
Sheila Lynch-Afryl, J.D., M.A.
The pay cut results from the expiration of a legislative increase during 2021 due to the COVID-19 pandemic. Practitioners paid under the physician fee schedule will see a pay cut in 2022, but CMS further expanded telehealth and other Medicare Part B ...
AUDITS AND MONITORING—OIG REPORTS: Medicare improperly paid $117 million over 4 years for hospice DME
November 19, 2021
Joe Cox, J.D.
The OIG discovered that Medicare improperly paid $116.9 million to suppliers for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies provided to hospice beneficiaries, largely due to billing errors. The HHS Office of the Inspector General...
MEDICARE PART B—GAO REPORTS: Rural providers less likely to participate in alternative payment models
November 19, 2021
Kristofer Ray, PhD
The GAO’s report focuses on methods for improving participation among providers working in rural, shortage, or medically underserved areas by reviewing a range of CMS programs. In response to the 2015 Medicare Access and CHIP Reauthorization Act (the...
FEDERAL LEGISLATION NEWS: House passes social spending bill that adds Medicare hearing services
November 19, 2021
Sheila Lynch-Afryl, J.D., M.A.
The Build Back Better Act, as passed by the House, would affect Medicare and Medicaid coverage, make a variety of changes to drug pricing, and expand Affordable Care Act subsidies. After months of negotiations, the U.S. House passed Democrats’ social...
LAW FIRM NEWS—Arent Fox partners named as top health care lawyers
November 19, 2021
Rebecca Mayo, J.D.
Arent Fox partners were recognized as top health care lawyers in 2021, DLA Piper added a life sciences patent prosecution attorney, Foley Hoag added a former U.S. Attorney to the firm’s white collar and government investigations practice. Arent Fox. ...