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    • FALSE CLAIMS ACT—N.D. Ind.: Court prescribes trial for hospital facing FCA allegations in connection with 340B diversion, retaliation
    • CONDITIONS OF PARTICIPATION—DAB DECISIONS: Facility locked, unstaffed, during posted hours deemed not ‘operational’
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    • CONTROLLED SUBSTANCES—FINAL RULES: Adjustment to the 2026 Aggregate Production Quota for d,lAmphetamine, d-Amphetamine (for Sale), Hydromorphone and Methylphenidate (for Sale) Pursuant to 21 U.S.C. 826(h)
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    • COVERAGE—GAO REPORTS: Medicare, Medicaid beneficiaries generally had opioid overdose reversal medication coverage
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    • DRUGS AND BIOLOGICS—FDA GUIDANCE NOTICES: Validation of Certain In Vitro Diagnostic Devices for Emerging Pathogens During a Section 564 Declared Emergency; Guidance for Industry and Food and Drug Administration Staff; Availability
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    • EXPERT INSIGHTS—DOJ Fraud Division launches Whistleblower Rewards Program offering fast-track payments for fraud tips
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    • MEDICARE PART C / MEDICARE ADVANTAGE—E.D. Pa.: Federal Arbitration Act equitable-relief carve-out excludes challenges to Medicare Advantage reimbursement policy
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    • QUALITY OF CARE—DAB DECISIONS: Medicare accident-hazard rules require pureed meals free of chunks and support immediate-jeopardy penalties
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    Health Law Daily Wrap Up, CONDITIONS OF PARTICIPATION—DAB DECISIONS: Facility locked, unstaffed, during posted hours deemed not ‘operational’, (Nov 12, 2026)

    By Jeffrey H. Brochin, J.D.

    When inspectors found a DMEPOS supplier’s facility locked and devoid of business, they determined that the supplier did not meet the requirements for being operational.

    The HHS Departmental Appeals Board (DAB) Civil Remedies Division has upheld ...

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