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HTMLTackling the Dragon of Hospital Price Disparity: Massachusetts’s On-Going Efforts to Address Price Equity
Eric R. Blythe, Stephen M. Weiner; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 22, 2016, previously published on June 8, 2016
Price disparities among hospitals pose one of the more intractable issues for policy makers, regulators and the government. That they exist is indisputable. Why they exist is a source of much contention. And the issue creates great disunity within the hospital world, causing fissures especially...

 

HTMLSupreme Court Decides Two Key Aspects of IPR in Cuozzo Speed Techs., LLC v. Lee
Linyu Mitra, Brad Michael Scheller, Gurneet Singh, Catherine Xu; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 22, 2016, previously published on June 30, 2016
Supreme-Court-seal II. jpgThe U.S. Supreme Court ruled on June 20, 2016 in Cuozzo Speed Techs., LLC v. Lee that: (1) the statutory authority of the Patent Trial and Appeal Board (“Board”) in instituting an inter partes review (“IPR”) proceeding is final and non-appealable,...

 

HTMLPay Attention to Business Associate Agreements!
Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 22, 2016, previously published on March 22, 2016
For our HIPAA-covered entity readers, we have asked these questions before: Have you taken a business associate inventory ? Have you undertaken a comprehensive risk assessment as required by HIPAA?

 

HTMLStates Step Up Efforts on Drug Pricing Initiatives
Carrie A. Roll; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 22, 2016, previously published on June 6, 2016
A few months ago, we noted that states were jumping into the drug pricing fray largely driven by a lack of federal action and a rising tide of public discontent. State legislation has taken various forms but most of the proposals reflect industry arguments that rising prices reflect rising R&D...

 

HTMLPitfalls When Refiling a Priority Application under Article 4 of the Paris Convention
Terri Meiee Shieh-Newton, Matthew D. Show; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 22, 2016, previously published on June 30, 2016
Patent applicants who have filed a priority application (such as a U.S. Provisional application) may wish to abandon and then refile that priority application to extend the time available for filing a utility application. This post discusses some of the pitfalls of pursuing such a strategy as well...

 

HTMLOIG Advisory Opinion Approves Drug Discount Program
Tara Swenson Dwyer; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 22, 2016, previously published on July 5, 2016
Last week, the OIG posted favorable advisory opinion (16-07) regarding a proposed discount program for Part D beneficiaries who are prescribed a statutorily excluded erectile dysfunction drug. The OIG concluded that while the proposed discount program could potentially generate prohibited...

 

HTMLDOJ Announces Dramatic Increase in False Claims Act Penalties
Laurence J. Freedman, Samantha P. Kingsbury; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 30, 2016
On May 6th, we posted about the possibility that the Department of Justice (“DOJ”) might dramatically increase False Claims Act (“FCA”) penalties after the Railroad Retirement Board (“RRB”) nearly doubled the per-claim penalties it imposed under the FCA. After...

 

HTMLTexas Medical Board Seeks State Action Immunity Protection in Fifth Circuit Brief
Helen J. Kim, Dionne C. Lomax, Carrie A. Roll; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 30, 2016
On June 17, the Texas Medical Board (“Board”) filed a brief with the Fifth Circuit Court of Appeals reiterating that the Board’s rulemaking processes are protected under the state action immunity doctrine, noting that the case could significantly impair state agencies in carrying...

 

HTMLKey EU Advisory Body Declines to Support Privacy Shield (Update)
Susan L. Foster; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 21, 2016, previously published on April 13, 2016
UPDATE: The Article 29 Working Party has released surprisingly brief comments on Privacy Shield. Consistent with the press briefing held earlier today (see below), WP29 has concluded that Privacy Shield falls short without providing specific guidance as to what, exactly, an acceptable version of...

 

HTMLMIT Study Finds Energy Storage For Renewables Makes Economic Sense in Some Locations
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 20, 2016
In a recent study published in the journal Nature Climate Change, researchers at Massachusetts Institute of Technology (MIT) found that it currently makes economic sense to combine large-scale energy storage systems with renewable energy projects, such as wind and solar farms, in some locations....

 


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