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US Supreme Court hears oral arguments on whether contract support costs must be paid by Indian Health Services

JURIST

The US Supreme Court heard arguments Monday on whether Indian Health Services (IHS) should be reimbursed for “contract support costs” associated with third parties, such as Medicare and Medicaid. In contrast, a Tenth Circuit decision found that third-party expenditures could fall under contract support costs.

Contract 118
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Arkansas Law Prohibiting Manufacturer 340B Contract Pharmacy Restrictions Upheld by 8th Circuit

FDA Law Blog

By Faraz Siddiqui — As drug manufacturers battle the Health Resources and Services Administration (“HRSA”) in federal courts over the role of 340B contract pharmacies, an Eighth Circuit decision to uphold a 2021 Arkansas law may render those cases inconsequential in that state. Code Ann. § 23-92-604(c)(1), (2) (Act 1103).

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Dismissal based on statute of limitations affirmed; court relied on judicial notice of court file

Day on Torts

Where the trial court took judicial notice of items from the court case underlying a tort action for invasion of privacy, abuse of process, and intentional infliction of emotional distress, it did not convert the motion to dismiss to a motion for summary judgment and dismissal of the claims based on the statute of limitations was affirmed.

Statute 59
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Funding for Native healthcare programs, and the Armed Career Criminal Act returns

SCOTUSBlog

To promote tribal self-governance, Congress allows tribes to contract with the Indian Health Service to oversee these programs themselves. The program also provides for the agency to pay the tribe “contract support costs” that the tribe uses to run the program, because it lacks the existing bureaucracy to operate the program.

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Turnkey Contracts and Substituted Performance

LexForti

Summary: This article highlights the challenges of invoking the remedy of ‘substituted performance’ in case of breach of turnkey contracts, and suggests potential solutions for the same. To this end, this article shall analyze the challenges of availing substituted performance in turnkey contracts. Turnkey Contracts.

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SCOTUS bars emotional distress damages under the Affordable Care Act

JURIST

This decision clarifies what damages are available to individuals who sue under federal anti-discrimination statutes. The US Supreme Court Thursday ruled Thursday that damages for emotional distress are not recoverable in a private lawsuit to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act.

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Second Circuit Decision A Reminder that Alleged FDCA violations don’t always equal FCA violations

FDA Law Blog

The Realtor argued that the government healthcare programs require that drugs not be “adulterated,” which means that Grifols’ manufacturing processes must comply with all applicable GMPs. Last month the United States Court of Appeals for the Second Circuit affirmed the district court’s decision to dismiss a False Claims Act (FCA) ( 21 U.S.C