New Proposed Medicare Part B Drug Reimbursement Model Raises Questions

by Holland & Knight LLP
Contact

Holland & Knight LLP

HIGHLIGHTS:

  • The Centers for Medicare & Medicaid Services (CMS) has announced a new proposed reimbursement model for certain Medicare Part B drugs and biologicals.
  • The proposed structure, called the International Pricing Index (IPI) Model, is premised on the idea that Medicare spending for Part B drugs is increasing and exceeds that of 16 other developed countries by 1.8 times. CMS aims to restructure the Part B drug reimbursement methodology so as to test whether it can more closely track international drug prices and reduce Medicare Part B spending.
  • CMS anticipates that it will issue a proposed rule in spring 2019 and that the IPI Model will be piloted between 2020 and 2025, but the proposed IPI Model itself raises a number of questions. CMS is soliciting comments on all aspects of the proposed IPI Model, with comments due by Dec. 31, 2018.

The Centers for Medicare & Medicaid Services (CMS), part of the U.S. Department of Health and Human Services (HHS), announced a new proposed reimbursement model for certain Medicare Part B drugs and biologicals (together, "drugs") on Oct. 25, 2018. The proposed structure, called the International Pricing Index (IPI) Model, is premised on the idea that Medicare spending for Part B drugs is increasing and exceeds that of 16 other developed countries by 1.8 times. Under Section 1115A of the Social Security Act authorizing CMS to waive certain Medicare requirements, CMS aims to restructure the Part B drug reimbursement methodology so as to test whether it can more closely track international drug prices and reduce Medicare Part B spending. On Oct. 30, 2018, CMS issued an Advance Notice of Proposed Rulemaking (ANPR) regarding its proposed framework for the IPI Model.1 CMS is soliciting comments on all aspects of the proposed IPI Model, with comments due by Dec. 31, 2018.

Current Part B Methodology

Currently, Medicare Part B reimburses2 providers and suppliers for certain drugs that are not reimbursed on a cost or prospective payment system basis, including, for instance, physician-administered drugs, separately billable drugs at independent dialysis facilities and certain statutorily defined drugs. These Part B drugs are reimbursed based on the lesser of the actual charge on the claim or 106 percent of the Average Sales Price (ASP).3 CMS contends that the ASP methodology incentivizes physicians to prescribe and furnish more expensive drugs because the reimbursement formula is a percentage of a drug's price.

Proposed IPI Model Details

Drugs and Participating Providers

As proposed, the IPI Model will be used to reimburse the costs of single-source drugs, biologicals, biosimilars and multiple-source drugs with a single manufacturer that are administered in physician practices and hospital outpatient departments in randomized geographic areas, which represent 50 percent of Medicare Part B spending on separately reimbursable Part B drugs.4 For physician practices and hospitals within the geographic areas that are yet to be determined, participation would be mandatory. CMS is soliciting feedback on whether to expand the IPI Model's scope to include additional drugs, how to incorporate newly approved or marketed drugs, whether other Part B providers and suppliers that administer the included drugs should participate or if certain providers or suppliers should be excluded from participation, how to operationalize participation by large provider networks and how to determine the geographic areas to include.

Vendors

Instead of directly reimbursing providers, the IPI Model proposes utilizing and reimbursing private-sector vendors. The IPI Model contemplates that these vendors will assume the financial risk of negotiating for, taking title to and billing for the eligible drugs, and in turn, the vendors will distribute eligible drugs to participating physician practices and hospital outpatient departments. CMS envisions that these vendors will aggregate purchasing, negotiate volume-based discounts, and utilize electronic ordering, various delivery options and onsite stock replacement mechanisms.

CMS will allow providers to contract with multiple vendors, and CMS hypothesizes that the flexible methodologies employed by vendors will increase competition. The vendors, however, would be prohibited from paying physician groups and hospital outpatient departments rebates or volume-based incentive payments, and according to a press release by HHS, the vendors would not operate formularies. Furthermore, CMS suggests that the contracts vendors enter into with providers could include physicians and hospitals paying vendor services fees and perhaps covering some of the vendors' costs. CMS seeks input concerning, among other questions, the types of entities that could qualify as vendors, appropriate guardrails if manufacturers or healthcare providers can qualify as vendors, the responsibilities imposed upon the vendors and the permissibility of vendor contracts with providers including vendor costs.

Payment

Moreover, instead of reimbursing the vendors for participating drugs at 106 percent of ASP, CMS proposes that under the IPI Model, it would pay vendors a Target Price, unless the ASP reimbursement rate is lower. The Target Price would be based on an international price index that includes pricing information from Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Netherlands and the United Kingdom.

Calculating the Target Price would entail the following: averaging the international price for each drug on a standard comparable unit, calculating the ratio of Medicare spending using the ASP prices, establishing the Target Price (which would vary for each drug) by multiplying the IPI by a factor that would result in approximately a 30 percent reduction in Medicare spending, and phasing in the Target Price over the five-year model period by blending the ASP rate and Target Price.5 CMS contends that the IPI Model will remove incentives for physicians prescribing more expensive drugs, as well as narrow the gap in drug prices between the United States and other countries. CMS seeks input regarding which existing and publically available data sources to rely on to establish the IPI in the short-term, whether to require manufacturers to report international sales data in the future, which countries to use in calculating the IPI and how to monitor the international market to account for changes.

CMS additionally intends to reimburse physicians and hospitals a "drug add-on amount," which could be a per encounter or per month amount that would not vary based on the price of the drug. By still providing physicians and hospitals with some reimbursement, CMS believes it will reduce providers' financial risk associated with purchasing and managing drug inventory. However, CMS is soliciting feedback as to whether to establish a payment amount for each drug class, physician specialty or physician practice, as well as whether to allow bonus pools to incentivize prescribing less expensive drugs or practicing evidence-based utilization.

Implementation

CMS anticipates that it will issue a proposed rule in spring 2019 and that the IPI Model will be piloted between 2020 and 2025.

Impact and Uncertainties

In the ANPR, CMS seeks input regarding many aspects of its proposed framework; however, the IPI Model proposal itself raises a number of questions.

Is CMS Exceeding Its Authority?

First, it is unclear whether CMS has the statutory authority to bypass Congress in establishing a new payment methodology under Medicare Part B. Although CMS is authorized to waive certain provisions under Medicare to "test innovative payment and services delivery models to reduce program expenditures ... while preserving or enhancing the quality of care furnished,"6 adopting a mandatory test that accounts for 50 percent of national Medicare Part B drug spending may exceed that authority. To the extent the IPI Model will be mandatory and replace the statutorily based ASP methodology for half of Part B drug spending, CMS appears to be establishing a new Medicare reimbursement methodology, rather than merely testing a new model in a limited manner. If the IPI Model proceeds as currently proposed, CMS likely will face challenges and be required to defend its authority to pilot this wide-sweeping approach to Part B drug reimbursement.

Vendors

Given the number of questions surrounding the vendors, it is unclear which entities will elect to participate as vendors. Likely, only those entities with an existing infrastructure in place to buy and distribute drugs would opt to participate, but even such entities may want to avoid receiving direct Medicare reimbursement and potentially be subjected to direct liability under federal healthcare laws, such as the federal False Claims Act and the numerous participation requirements related to Medicare compliance.

Moreover, while the IPI Model aims to reduce Medicare Part B spending, the proposed Model would essentially insert into the Part B drug supply chain a new intermediary entity that will need to not only cover its costs of doing business but also be profitable in order to incentivize vendors to participate. This design begs the question of whether the IPI Model will in fact be able to achieve its goal of reducing costs, or whether it instead will increase them. It is similarly unclear whether the IPI Model will effectively create or reduce efficiencies for providers, who already have purchasing agreements in place and would now have to contract with potentially multiple vendors to obtain included Part B drugs. Further, requiring providers to obtain included Part B drugs from vendors raises questions about unintended distribution issues that could potentially affect patient access and quality of care.

Payments

Fundamental questions also exist as to the appropriateness of comparing the Medicare Part B spending to international prices, especially those paid by single-payer systems, such as the United Kingdom's National Health Service (NHS). That is, while CMS certainly is within its authority to try to reduce Medicare Part B spending, it is unclear that international prices are the right index to use for comparison.

Impact on the 340B Program

CMS acknowledges in the ANPR, without much discussion, that the IPI Model has the potential to affect the 340B Program,7 which enables covered entities, including certain hospitals, to purchase heavily discounted outpatient drugs in order to earn a profit when billing for those drugs. CMS states that the IPI Model could affect the maximum price a manufacturer can charge for a covered drug under the 340B Program (340B ceiling price) to the extent the IPI Model could affect a drug's Average Manufacturer Price (AMP) or Best Price, both of which are utilized in the calculation of the 340B ceiling price and could be potentially lowered by sales to vendors under the IPI Model.8

However, to the extent that vendors, not hospitals, would now be responsible for buying and obtaining reimbursement for Part B drugs, 340B hospitals in the participating IPI Model geographic region may no longer have the opportunity to buy and bill for drugs under the 340B Program, and they would lose the revenue generated through the 340B Program. CMS fails to discuss this impact, but the IPI Model may need to be redefined to exclude 340B hospitals from participating in the IPI Model so as not to adversely affect the 340B Program.

Implementation

Finally, in light of the number of questions on which CMS seeks input and the many details yet to be determined concerning the IPI Model's framework, it seems unlikely that CMS will be able to meet its ambitious goal of publishing a proposed rule in spring 2019 and setting an implementation date of spring 2020. To do so, CMS would have to resolve all of its questions, publish a proposed rule and a final rule, and operationalize all aspects of the IPI Model. From a practical perspective, operationalizing the Model would entail, for instance, establishing a process and enough time for vendors to submit – and CMS to evaluate and award – bids to participate in the Model; allowing enough time for vendors to obtain appropriate licensure to buy and distribute drugs to the extent additional state licensure is necessary; enabling vendors to negotiate with manufacturers and participating providers; analyzing the international data; and determining the Target Price for each drug.

Notwithstanding the number of logistical obstacles the IPI Model appears to face prior to its implementation, affected industry players are encouraged to weigh in and submit comments by Dec. 31, 2018, to shape any future iteration of this proposed Part B pricing model.


Notes

1 83 Fed. Reg. 54546 (Oct. 30, 2018).

From 2006 to 2008, CMS also allowed physicians to participate in the competitive acquisition program (CAP), in which physicians could elect to purchase Part B drugs from an approved vendor who provided the drug to the physician's office, billed Medicare and collected patient co-pays. See 42 U.S.C. §1395w-3b; 42 C.F.R. §§414.906, 414.908. Payment under the CAP model was tied to ASP, only one vendor participated in the program, and the CAP model has been suspended as of Jan. 1, 2009. See 83 Fed. Reg. at 54549 (discussing the CAP model).

42 U.S.C. §1395w-3a(b)(1); 42 C.F.R. §§414.900, 414.904(a). ASP is defined as the manufacturer's sales price, inclusive of all discounts, to all non-excluded purchasers in the U.S. for drug in a calendar quarter, divided by the total number of units sold by the manufacturer of the drug in the calendar quarter. 42 U.S.C. §1395w-3a(c)(1), (3).

CMS proposes excluding end-stage renal disease drugs, radiopharmaceuticals, drugs that the U.S. Food and Drug Administration (FDA) identifies as being in short supply, and drugs paid under miscellaneous or "not otherwise classified" codes, such as compounded drugs.

5 In the ANPR, CMS provides a chart that in Year 1, reimbursement would be based 80 percent on ASP and 20 percent on the Target Price; by Year 5, CMS would reimburse 100 percent of the Target Price.

6 42 U.S.C. §1315a(1).

7 See 42 U.S.C. §256b.

8 The 340B ceiling price is calculated utilizing a drug's Average Manufacturer Price (AMP) minus the Medicaid Best Price. AMP is the average price paid to manufacturers in the U.S. by wholesalers and retail community pharmacies purchasing directly from the manufacturer, though with respect to inhalation, infusion, instilled, implanted or injectable drugs (5i drugs), 5i AMP includes sales to physicians and hospitals, among other entities. 42 C.F.R. §§447.504(a), 447.504 (d). Best Price is the lowest price available from the manufacturer for brand-name drugs to any wholesaler, retailer, provider, health maintenance organization, nonprofit entity or governmental entity in the U.S. under any pricing structure. 42 C.F.R. §447.505(a)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Holland & Knight LLP | Attorney Advertising

Written by:

Holland & Knight LLP
Contact
more
less

Holland & Knight LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.