Amy Zink, Class of 2021, Belmont Law On May 10, 2019, the Department of Health and Human Services (“HHS”) finalized a rule called the “WAC Disclosure Rule” that would require the disclosure of drug prices in direct-to-consumer television advertisements of drugs covered by Medicaid and Medicare. This rule was first pushed by President Trump’s Administration …
Support for Telemedicine During Pandemic
Jessica Scott, Class of 2021, Belmont Law The current coronavirus pandemic has overwhelmed numerous countries’ healthcare systems, including China and Italy who are unable to help all the patients that walk through the hospital doors in critical condition as a result of the coronavirus. As physical hospital locations in China are full and overflowing with …
Tennessee Supreme Court Holds that Qualified Protective Order Provision Violates the Tennessee Constitution
Anthony Huber, Belmont Law, Class of 2021 Last week, on February 28, in the case Willeford v. Klepper, the Tennessee Supreme Court (“Court”) found that a statutory provision in Tennessee Code Annotated section 29-26-121(f) violated the separation of powers clause in the Tennessee Constitution. The provision struck down by the Court allowed defense counsel to conduct …
NarxCare, Pharmacies Way of Tracking Opioid Usage of Patients. What You Need to Know
Jessica Scott, Belmont Law, Class of 2021 Pharmacies try to do their part during the opioid crisis to track data of patients’ usage and find those who are at-risk. Technology is a huge part of helping pharmacists track down those who are at risk for substance misuse or abuse. Appriss Health created NarxCare, an analytic …
States Place Bans on Vaping Products: Let the Litigation Begin
Anthony Huber, Belmont Law, Class of 2021 On September 24, Massachusetts Governor Charlie Baker ordered a four-month ban on the sale of all vaping products in the state. The ban was approved by the Public Health Council and took immediate effect. “The purpose of this public health emergency is to temporarily pause all sales of …
Drug Resistant Infections in Skilled Nursing Facilities and Long-Term Care Hospitals
Ryland Close, Belmont Law, Class of 2020 Skilled nursing facilities and long-term care hospitals are struggling to control the spread of Candida auris, a drug resistant fungus that causes serious infections, particularly in vulnerable patients with pre-existing illnesses.[1] Candida auris poses an especially serious threat as it is difficult to identify, spreads easily and quickly, …
CMS expands disclosure requirements and increases enforcement powers in affiliation rule
Ryland Close, Belmont Law Class of 2020; Patsy Powers and Justin Hickerson, Attorneys at Waller The Centers for Medicare and Medicaid Services (CMS) is expanding its authority to revoke or deny providers’ and suppliers’ Medicare, Medicaid and Children’s Health Insurance Program (CHIP) enrollment based upon their affiliation with a sanctioned entity. The rule will go …
Federal appeals court backs injunction against religious, moral exemptions from contraceptive mandate
Amy Zink, Class of 2021; Kim Harvey Looney, Partner at Waller The Court of Appeals for the Third Circuit has upheld a lower court ruling in Commonwealth of Pennsylvania v. President United States of America et al., which granted a nationwide preliminary injunction against religious and moral exemptions for employers to the Affordable Care Act’s (ACA) …
Pennsylvania AG takes hard stance on nonprofit healthcare providers in the name of consumer protection
Clay Brewer, Class of 2019; Neil B. Krugman, Partner at Waller The rise in healthcare costs and public concern about accessing adequate care has caught the eye of many government officials across the country, some of whom have increased their enforcement of consumer protection laws in response. The Attorney General of Pennsylvania, Josh Shapiro, provides …
The latest on Affordable Care Act litigation at the Fifth Circuit
By Philip FitzGerald, Class of 2019; Colin H. Luke, Partner at Waller In late March, the Department of Justice (“DOJ”) issued a letter to the U.S. Court of Appeals for the Fifth Circuit supporting the holding by District Court Judge Reed O’Connor that the Affordable Care Act’s (“ACA’s”) individual mandate is unconstitutional and therefore the …