Legal Articles: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

 







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HTMLU.S. Department of Labor Re-Proposes Rules Governing the Definition of “Fiduciary”—Part 4: The Impact on 401(k) Plan Consultants to Mid-Sized and Small Plans
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 18, 2015, previously published on June 2, 2015
This post highlights the significant impact the proposed regulations may have on advisers to mid-sized and small 401(k) retirement plans if adopted. Previously, Part 1, Part 2 and Part 3 of this series described the Department of Labor’s recently proposed regulations governing fiduciary...

 

HTMLCMS Takes Initial Steps to Address Medicare & Medicaid Coverage for Biosimilars
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 18, 2015, previously published on April 9, 2015
On March 30, 2015, CMS released guidance addressing Medicare and Medicaid coverage for biosimilar drug products. The Medicare/Medicaid coverage guidance comes on the heels of the FDA’s landmark approval of a biosimilar version of the reference cancer drug Neupogen. Our colleague Tom Wintner...

 

HTMLFDA Increasing Scrutiny of Cosmetic Marketing Claims, New Agency Warnings Suggest
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 18, 2015, previously published on April 16, 2015
In addition to truthful and non-misleading advertising requirements, which are enforced by the FTC and certainly familiar to readers of this blog, personal care and cosmetic products are also subject to the Federal Food, Drug, and Cosmetic Act (the Act) and may run afoul of the U.S. Food and Drug...

 

HTMLWith SGR Repealed, Replacement Policy Creates New Priorities
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 18, 2015, previously published on April 20, 2015
On April 16, 2015, President Obama signed into law, the “Medicare Access and CHIP Reauthorization Act of 2015” (MACRA), ending annual temporary patches and massive lobbying efforts since the late 1990s to prevent significant reimbursement cuts for physicians serving Medicare...

 

HTMLSupreme Court Decides Qui Tam First-to-File Issues
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 18, 2015, previously published on June 3, 2015
Whether you are on the defense side or the relator side of the qui tam world, you can count the Supreme Court’s opinion in Kellogg, Brown & Root Services, Inc. v. United States ex. Rel. Carter as a win and a loss. Since January’s oral arguments, the False Claims Act bar has eagerly...

 

HTMLAlbany County’s “Safe Toys” Legislation on Hold Pending Court Proceeding
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 18, 2015, previously published on June 5, 2015
Albany Toy SafetyEarlier this year, we wrote about a far-reaching product safety ordinance enacted into law in Albany County, NY (the “County”) entitled “The Toxic Free Toys Act.” At the time, we expressed our concern that numerous issues would arise in the local law’s...

 

HTMLDivided Supreme Court Restricts Provider Challenges to State Medicaid Rates
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 18, 2015, previously published on April 2, 2015
A divided Supreme Court ruled by a 5-4 margin on March 31st that providers may not sue in federal court over the adequacy of state Medicaid rates. The decision in Armstrong v. Exceptional Child Ctr., Inc. has important implications well beyond the narrow group of providers of...

 

HTMLIRS Green Lights Section 529A ABLE Disability Programs
Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 18, 2015, previously published on March 15, 2015
Pi Day comes but once a century, on 3/14/15. The Internal Revenue Service receives praise approximately as frequently. But the IRS deserves applause for its Notice 2015-18, released March 10, 2015, giving the green light to states to proceed with the establishment of tax-free investment programs...

 

HTMLCMS Releases 2016 Draft Call Letter
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 18, 2015, previously published on February 26, 2015
Last week, the Centers for Medicare & Medicaid (CMS) released its 2016 Advance Rate Notice and draft Call Letter (2016 Call Letter) for the Medicare Advantage (MA) and Medicare Part D programs. The 2016 Call Letter outlines proposed changes to the Part C risk adjustment and Part D payment...

 

HTMLBig Win for Anti-GMO Groups as Federal Judge Upholds Jackson County GMO Ban
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 18, 2015, previously published on June 2, 2015
On Friday, Federal Magistrate Judge Mark D. Clarke partially dismissed a lawsuit brought by commercial alfalfa farmers seeking to overturn a Jackson County ordinance that banned the use of GMO seed stock (“It is a county violation for any person or entity to propagate, cultivate, raise, or...

 


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