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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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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. Cummings then filed a lawsuit against Premier for discrimination on the basis of her disability, alleging that the company violated federal anti-discrimination laws when refusing to provide her with an interpreter.

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

FDA Law Blog

Brevig, Senior Regulatory Device and Biologics Expert — Earlier this year, we posted on the still unsettled state of the law regarding whether “FDCA violations may, in certain circumstances, be material to the government’s decision whether to pay for the affected product, and thus relevant in an FCA case.” By JP Ellison & Holly N.

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Union fees, bar association dues, and the funding of political speech

SCOTUSBlog

The employee alleges that the union contracted with his employer, United Airlines, to compel employees to pay fees in an amount equal to union dues. Lastly, Healthcare Distribution Alliance v. New York passed a law imposing an annual surcharge on opioid manufacturers and distributors. Oregon State Bar.

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District Court Interprets EKRA

FDA Law Blog

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

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District Court Interprets EKRA

FDA Law Blog

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

Court 40
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Ruling that nursing home arbitration agreement was invalid reversed.

Day on Torts

When the brother was admitted, plaintiff filled out admission paperwork, including an arbitration agreement, as plaintiff had a durable power of attorney for healthcare executed by the brother and naming plaintiff as the attorney-in-fact. National Health Corp. , 3d 876 (Tenn. Code Ann. § Code Ann. § internal citation omitted).