Healthcare Legal News - August 15, 2012 • Volume 2, Number 7

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In This Issue:

- Recent Cases Deal With Impact Of Termination Of Employed Physicians

- Reimbursement News: Happy New Year!: Increase In Payments To Hospital Outpatient Departments and Ambulatory Surgical Centers

- Highlights: Recent CMS Proposed Rule; and, CMS Releases Proposals For 2013 Medicare Payment Changes To Physicians

- Antitrust News: Third Circuit’s K-Dur Antitrust Litigation Decision Delivers A Long-Sought Win For The FTC On An Issue The FTC Contends Costs Consumers Billions Each Year In Health care Costs

Excerpt from Antitrust News:THIRD CIRCUIT’S K-DUR ANTITRUST LITIGATION DECISION DELIVERS A LONG-SOUGHT WIN FOR THE FTC ON AN ISSUE THE FTC CONTENDS COSTS CONSUMERS BILLIONS EACH YEAR IN HEALTH CARE COSTS By: James M. Burns -

On July 16, 2012, the Third Circuit Court of Appeals issued its longawaited decision in the K-Dur Antitrust Litigation. In its decision to reverse the district court and to decline to follow prior decisions from the Second, Eleventh, and Federal Circuit Courts on the issue, the Third Circuit ruled that “any payment from a patent holder to a generic patent challenger who agrees to delay entry into the market is prima facie evidence of an unreasonable restraint of trade.”

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