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Medicaid › First Amendment

Medicaid is a partnership program between states and the federal government to provide healthcare coverage for lower income individuals, people with disabilities, older people, and certain families with... more +
Medicaid is a partnership program between states and the federal government to provide healthcare coverage for lower income individuals, people with disabilities, older people, and certain families with children.  less -
Kramer Levin Naftalis & Frankel LLP

Just Opt Out! Boehringer Ingelheim’s IRA Challenge Is Latest To Fail

Kramer Levin Naftalis & Frankel LLP on

Since its enactment in 2022, the validity of the Inflation Reduction Act (IRA) and its drug price negotiation program (Program) has been repeatedly challenged in District Court, with little success. Boehringer Ingelheim’s...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer - Minding Your Business

HHS Can’t Force Disclosure Of Drug Prices In Ads with “Blunderbuss” Rule

Proskauer - Minding Your Business on

Among its various attempts to regulate drug prices, the Trump administration recently sought to force pharmaceutical advertisements to disclose the wholesale acquisition cost (WAC) of certain drugs. This effort was dealt a...more

Foley Hoag LLP

CMS Final Rule Requires Prescription Drug Pricing Transparency in DTC Advertising

Foley Hoag LLP on

On May 8, 2019, the Centers for Medicare & Medicaid Services (“CMS”) finalized the regulation (“Final Rule” or “DTC Rule”) requiring direct-to-consumer (“DTC”) prescription drug television advertisements to include the...more

Troutman Pepper

HHS to Require Manufacturers to Disclose Drug Pricing in Television Advertisements

Troutman Pepper on

U.S. health officials have taken the first concrete step toward implementing the vision set out in the “American Patients First” blueprint published by President Trump and Health and Human Services (HHS) Secretary Alex Azar...more

Farrell Fritz, P.C.

Newly Enacted Consumer Directed Personal Assistance Program Advertisement Regulation Challenged in Federal Court

Farrell Fritz, P.C. on

As recounted in our recent analysis of the 2018-19 New York State Budget (“Enacted Budget”), the Enacted Budget included new restrictions on fiscal intermediaries participating in the Consumer Directed Personal Assistance...more

Obermayer Rebmann Maxwell & Hippel LLP

Ads will be Required to Disclose Prices for Rx Drugs

Obermayer Rebmann Maxwell & Hippel LLP on

Ever since the FDA approved advertisements for prescription drugs on television, pharmaceutical companies have been heavily relying on them and collectively represent the third highest spender of any industry in national TV...more

Hogan Lovells

CMS proposes requiring drug prices in TV ads

Hogan Lovells on

On October 15, CMS released a proposed rule titled “Medicare and Medicaid Programs: Drug Pricing Transparency,” which would require direct-to-consumer (DTC) advertisements for prescription drugs covered by Medicare or...more

Holland & Knight LLP

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more

King & Spalding

Universal Health Services v. Escobar

King & Spalding on

On Thursday of last week, the Supreme Court for the first time addressed the “implied certification” theory of liability under the False Claims Act. The Court ruled unanimously that the theory is valid in certain...more

Mintz - ML Strategies

Health Care Update - August 2015 #2

Mintz - ML Strategies on

Major Medicaid Drug Payment Rule Under OMB Review: Last week a highly anticipated rule that could set the standards for the Medicaid Drug Rebate program arrived at the White House for final review. The Medicaid Outpatient...more

Littler

Supreme Court Invalidates Union Fee Requirements Imposed on Homecare Employees

Littler on

On June 30, 2014, the U.S. Supreme Court rejected Illinois law that required homecare providers for Medicaid recipients to pay fees to a union. In Harris v. Quinn, the Court held that compulsory union agency fees imposed on...more

Franczek P.C.

Supreme Court Issues Decision In Harris V.Quinn: Abood Survives, But For How Long?

Franczek P.C. on

On Monday, the United States Supreme Court issued its anxiously anticipated decision in Harris v. Quinn, a case brought by Illinois home health aides challenging the requirement in a collective bargaining agreement that they...more

Miller Canfield

Agency Fees Can’t Be Required for Illinois Rehab Personal Assistants, SCOTUS Rules

Miller Canfield on

The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v....more

Sherman & Howard L.L.C.

Radical Shift Coming In Public Sector Agency Fees

Sherman & Howard L.L.C. on

On Monday, the Supreme Court took a swipe at public sector compulsory unionism. In doing so, the Court took a slice out of decades of Supreme Court jurisprudence and suggested a future re-thinking of agency fees in the public...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rejects Labor’s Mandatory Dues Collection Initiative in Favor of Workers’ First Amendment Rights

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Yesterday, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Harris v. Quinn

Faegre Drinker Biddle & Reath LLP on

On June 30, 2014, the U.S. Supreme Court decided Harris v. Quinn, No. 11-681, holding that the First Amendment does not permit a state to compel public employees to subsidize speech on matters of public concern by a union...more

Miller & Martin PLLC

Two Significant Decisions Affecting Employers Issued the Final Day of the U.S. Supreme Court Session

Miller & Martin PLLC on

On the last day of its 2013-2014 session, the U.S. Supreme Court held today that (1) for-profit companies are protected as "persons" under the federal Religious Freedom Restoration Act of 1993 (RFRA) and (2) that the...more

Fisher Phillips

Supreme Court Strikes Down Mandatory Union "Fair Share" Deductions For Public Sector Employees

Fisher Phillips on

Today, in a 5 to 4 decision, the U.S. Supreme Court declined to extend its previous holdings regarding “fair-share” fees (fees that an employee who refuses to join a union is required to pay in lieu of union dues) to...more

BakerHostetler

United States Supreme Court Strikes Down Illinois Regulatory Framework Requiring Personal Assistants for Medicaid Recipients to...

BakerHostetler on

In its much anticipated decision in Harris v. Quinn, 573 U.S. __ (2014), the Supreme Court of the United States in a five to four ruling struck down an Illinois regulatory framework that required personal assistants (PAs) for...more

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