Lauren D’Agostino

Lauren D’Agostino

McDermott Will & Emery

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The Saga Continues: CMS Further Delays Enforcement of Medicare Enrollment Requirements for Prescribers of Part D Drugs

The Centers for Medicare & Medicaid Services (CMS) on June 1, 2015, published its “Medicare Part D Prescriber Enrollment Requirement Update” (Update). The Update further delays—until June 1, 2016—enforcement of the regulatory...more

6/8/2015 - CMS Medicare Medicare Part D Prescription Drug Coverage Prescription Drugs

CMS Issues Interim Final Rule Reaffirming Requirements for Prescribers of Part D Drugs

The Centers for Medicare & Medicaid Services (CMS) on May 6, 2015, published an interim final rule with comment period (Interim Rule) modifying the regulatory requirement that health care professionals enroll in or opt out of...more

5/11/2015 - CMS Healthcare Healthcare Professionals Interim Rule Medicare Medicare Part D Pharmacies Prescription Drug Coverage Prescription Drugs

Challenges Facing “Narrow” Provider Networks on the ACA Health Care Insurance Exchanges

In This Issue: - The Driving Forces Behind the Trend Toward Narrower Networks - The Trade-Off - Regulatory, Legislative and Litigatious Responses to Narrower Networks Across the Nation - Judicial and CMS...more

4/21/2015 - Affordable Care Act Health Insurance Health Insurance Exchanges Legislative Agendas Medicare Qualified Health Plans

Protecting Trade Secrets Insufficient to Enforce Covenant Not to Compete in Any Capacity Worldwide - NanoMech, Inc. v. Suresh

Addressing the enforceability of a non-compete agreement to protect trade secrets, the U.S. Court of Appeals for the Eighth Circuit upheld a ruling finding that a non-compete agreement which prevented the employee from...more

4/14/2015 - Appeals Former Employee Non-Compete Agreements Tortious Interference Trade Secrets

Licensees Not Required to Do Due Diligence Where Inventor Falsely Claimed Exclusive Ownership - Yazdianpour v. Safeblood...

Addressing the grant of summary judgment dismissing a fraud claim where the licensee failed to check the U.S. Patent and Trademark Office (PTO) website regarding rumors of the inventor’s previous dealings with another...more

4/14/2015 - Appeals Dismissals Fraud Genuine Issue of Material Fact IP License USPTO

Sharp Questions Dominate Supreme Court Oral Arguments Regarding the Challenge to the Availability of ACA Premium Tax Credits

On March 4, 2015, the Supreme Court of the United States heard oral arguments in King v. Burwell, the highest profile challenge to the Affordable Care Act (ACA) since the Supreme Court’s 2012 decision to uphold the law. The...more

3/10/2015 - Affordable Care Act Health Insurance Health Insurance Exchanges King v Burwell Oral Argument Popular SCOTUS Tax Credits

Full D.C. Circuit to Rehear ACA Premium Tax Credit Case

The full U.S. Court of Appeals for the D.C. Circuit has vacated the 2-1 panel decision issued July 22, 2014, in Halbig v. Burwell, which struck down the Internal Revenue Service (IRS) Rule providing for Affordable Care Act...more

9/5/2014 - Affordable Care Act Appeals Halbig v Burwell Health Insurance Exchanges IRS SCOTUS Tax Credits

U.S. Appeals Courts Issue Conflicting Decisions on Whether ACA Permits Tax Subsidies of Health Care Coverage Purchased Through...

On July 22, 2014, three-judge panels of the U.S. Courts of Appeals for the District of Columbia and Fourth Circuits issued conflicting decisions regarding whether the Affordable Care Act (ACA) permits federal tax credits for...more

7/25/2014 - Affordable Care Act Halbig v Burwell Healthcare IRS King v Burwell Subsidies Tax Credits

The Assault on the ACA Continues in the Federal Appeals Courts

Combative oral arguments were seen in two high profile federal court challenges to the Patient Protection and Affordable Care Act of 2010 (ACA). The Supreme Court of the United States heard a vigorous oral argument...more

4/10/2014 - Affordable Care Act Healthcare Healthcare Reform Tax Credits

Feds’ Argument in Favor of Premium Tax Credit Gains Momentum, Still Under Attack in Federal Courts

A second federal district court judge has ruled in favor of the government on one of the most serious challenges to the Patient Protection and Affordable Care Act of 2010 (ACA). The court dismissed a challenge to the...more

2/27/2014 - Affordable Care Act Healthcare Healthcare Reform Premiums Tax Credits

Federal Judge Permits ACA Premium Tax Credits in States with Federally Facilitated Exchanges

A federal district court judge has ruled in favor of the government on one of the most serious challenges to the Patient Protection and Affordable Care Act of 2010 (ACA). The court rejected a challenge to the availability of...more

1/24/2014 - Affordable Care Act Healthcare Healthcare Reform Tax Credits

Court Challenges Threaten ACA Premium Tax Credits in State with Federal Facilitated Exchanges

Two federal district court judges will likely rule in early 2014 on pending challenges to the availability of premium tax credits under the Patient Protection and Affordable Care Act of 2010 (ACA). The plaintiffs in both...more

1/3/2014 - Affordable Care Act Health Insurance Exchanges Healthcare IRS Tax Credits

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