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FDA Finalizes LDT Regulation, with Significant Exceptions: Enforcement of Requirements Will Phase In over Four Years

On April 29, 2024, the Office of the Federal Register placed on display the Food and Drug Administration’s (FDA) final rule on the regulation of laboratory developed tests (LDTs). Set to be officially published on May 6, this...more

Supreme Court Upends Medicare 340B Drug Payment Policy

Key Points - The Supreme Court invalidated 2018 and 2019 cuts to Medicare reimbursement rates for hospital outpatient drugs acquired through the 340B Drug Pricing Program, effectively reinstating the default rate of ASP...more

DOJ’s Civil Division Outlines Enforcement Priorities and Focus on COVID-19 Related Fraud

- The Department of Justice (DOJ) will focus its civil enforcement activity on fraud and other illegal actions relating to COVID-19, including with respect to CARES Act stimulus programs and consumer products marketed for use...more

Federal Protections Against Liability for Businesses Combatting COVID-19

- Federal emergency authorities targeting COVID-19 provide important protections to businesses for certain actions in connection with the national response to the public health crisis. - The protections include immunity...more

The Health Care Industry and the CARES Act: Insight and Next Steps

While the United States now leads the world with the number of reported cases of COVID-19, the Coronavirus Aid, Relief, and Economic Security (CARES) Act (or “the Act”) takes major, though perhaps still incomplete, steps...more

Courts Not Hesitating to Reject Federal Agencies’ Faulty Regulatory Interpretations Since Kisor v. Wilkie

- Federal agencies’ regulatory interpretations falling short of the standards laid out in Kisor are not surviving judicial review. - Courts are closely scrutinizing regulations to determine if they are genuinely...more

The March to Cancel: Contract and Insurance Implications of Coronavirus-Related Event Cancellations

On March 11, the World Health Organization (WHO) declared COVID-19 a global pandemic. The same day, the National Basketball Association, Major League Baseball, National Hockey League and Major League Soccer all suspended...more

District Court Affirms FDA Policy on Compounding with Bulk Drug Substances—Bringing Much Needed Clarity for the Outsourcing...

On August 1, 2019, the U.S. District Court for the District of Columbia affirmed the U.S. Food and Drug Administration’s (FDA’s) decision to exclude the bulk drug substance vasopressin from the agency’s List of Bulk Drug...more

Supreme Court Strengthens Protection of Confidential Business Information Submitted to Federal Agencies

Food Marketing Institute v. Argus Leader Media, decided June 24, 2019 by the Supreme Court, substantially expands the Freedom of Information Act exemption for confidential business information. The ruling is significant for...more

New OMB Policy Will Likely Reduce Informal Agency Guidance

On April 11, 2019, acting director of the Office of Management and Budget (OMB) Russell Vought announced a policy for review of federal agency rules and guidance that represents a significant change of process for issuance of...more

DOJ Limits Use of Guidance Documents in Affirmative Civil Enforcement Actions

On January 25, 2018, the Associate Attorney General directed the Department of Justice (DOJ) not to rely on agency guidance documents to establish a violation in affirmative civil enforcement (“ACE”) cases. She issued the...more

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