Faegre Baker Daniels

2200 Wells Fargo Center 90 S. Seventh Street
Minneapolis, Minnesota 55402-3901, United States

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CMS Proposes Elimination of CME Exemption From Sunshine Act

Teaching hospitals and physicians who speak at continuing medical education (CME) programs should be interested in a July 11, 2014, announcement by the Centers for Medicare & Medicaid Services (CMS). The announcement proposes…more
| Education, Health, Science, Computers, & Technology

HHS Relabels Invalidated 340b Regulation As “Interpretative Rule”

Earlier this week HHS came out swinging in the latest round of its battle with the Pharmaceutical Research & Manufacturers of America (PhRMA) over the Affordable Care Act’s provisions on 340B and orphan drugs. HHS reasserted…more
| Administrative Law, Civil Procedure, Health, Science, Computers, & Technology

EU Court Says Loyalty Discounts Betray Competition: Ruling Underlines U.S. Differences

Intel's use of loyalty discounts and rebates to computer manufacturers and other actions directed at competitor Advanced Micro Devices violated EU competition law, according to the European Union's (EU) General Court. The…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade, Science, Computers, & Technology

Illinois "Bans the Box" With Governor Quinn's Signature

On Saturday, July 19, 2014, Governor Pat Quinn signed the Job Opportunities for Qualified Applicants Act, making Illinois the fifth state to ban a private employer from requiring disclosure of a criminal history until an…more
| Civil Remedies, Civil Rights, Labor & Employment Law

Why Franchising Benefits Physicians

Healthcare is one of the fastest growing businesses within the United States. According to the American Bar Association, by the year 2019, healthcare spending will reach $4.5 trillion; nearly 19% of the gross domestic product…more
| Health, Franchise Law

Obama Beefs Up Russian Sanctions, But Still No Full Monty

President Obama announced yesterday the creation of the new Sectoral Sanctions Identification List (“SSI List”) issued pursuant the Russian sanctions program and the addition of two Russian energy companies and two Russian banks…more
| Commercial Law & Contracts, Elections & Politics, Energy & Utilities, Finance & Banking, International Law & Trade

What's Safety and Effectiveness Got to Do with Substantial Equivalence? FDA Clears it Up.

On July 15, 2014, FDA issued draft guidance Benefit-Risk Factors to Consider When Determining Substantial Equivalence in Premarket Notifications [510(k)] with Different Technological Characteristics. We think of it as a sequel…more
| Administrative Law, Science, Computers, & Technology

D.C. Circuit Says CMS Doesn’t Know What’s New

On Tuesday of last week the D.C. Circuit Court ruled that the Provider Review Reimbursement Board doesn’t know what’s new. It reversed the PRRB’s decision, along with the District Court’s decision that upheld it. In doing so,…more
| Administrative Law, Civil Procedure, Health

End Of The Iran Sanctions? Not So Fast…

After the Joint Plan of Action (JPOA) was signed last November by Iran and the P5+1 nations, many U.S. companies asked whether they could reestablish business relationships with Iran. That was a fair question, but unfortunately…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade

The Gambler Breaks Even: Tax Court Orders Indiana Department Of Revenue To Answer Discovery Requests But Denies Taxpayer’s Second Motion To Compel In Income Tax Appeal

The Tax Court does not often address discovery issues in published decisions and orders. In this case, Popovich v. Indiana Department of State Revenue, Cause No. 49T10-1010-TA-53 (April 24, 2014 and June 4, 2014), the Court has…more
| Art, Entertainment, & Sports Law, Civil Procedure, Taxation

Medicare Patients Caught In Two-Midnight Rule Crossfire

Hospitals have been complaining about the two-midnight rule since it was first announced. But mounting evidence indicates that Medicare patients themselves are suffering badly from the effects of the rule…more
| Health

Joint U.S./UK Warning on International Travel: Uncharged Electronic Devices/Gadgets Banned from Flights

On Wednesday, July 2, 2014, Secretary of U.S. Department of Homeland Security Jeh Johnson directed the Transportation Security Administration (TSA) to implement enhanced security measures at selected but undisclosed gateway…more
| International Law & Trade, Transportation

NLRB Finds That Employer Improperly Disciplined Employee Who Obscenely Grabbed His Crotch in Front of Female Co-Worker

On July 3, 2014, the National Labor Relations Board (NLRB) handed down a decision in the case of Consolidated Communications d/b/a Illinois Consolidated Telephone Co. and Local 702, Int'l Brotherhood of Electrical Workers,…more
| Administrative Law, Labor & Employment Law

Got A Complaint About RAC Audits? Get In Line

Criticism of the RAC (recovery audit contractor) program is becoming a national pastime. Needless to say, hospitals hated the program from the very beginning. And little wonder. The program pays private contractors a…more
| Elections & Politics, Health

CMS Wants To Shine Light On CME Payments To Physicians

It’s a question CMS has been wrestling with since the enactment of the Sunshine Act (sometimes called the Open Payments Program) as part of the Affordable Care Act. The Sunshine Act generally requires a manufacturer to report…more
| Health, Science, Computers, & Technology
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