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New Law Promotes Competition for Retail Pharmacies by Banning Mandatory Mail-Order Prescription Plans in New York

On December 12, 2011, New York Governor Andrew Cuomo signed a bill into law a bill which bans Pharmacy Benefit Managers (“PBMs”) from mandating customers to use mail order pharmacies for prescription drugs. Known as the New York AMMO Law, the Anti-Mandatory Mail Order Law prohibits insurance plans and PBMs from requiring that patients purchase prescription drugs from a mail order pharmacy or pay a co-payment fee when such purchases...

Prevent Potential Liability to State and Federal Agencies for “Excluded Providers”

In September of this year, the New York Attorney General recoup nearly $250,000 in restitution to resolve a Medicaid fraud case involving the misdeeds of a former pharmacist for Tops Market Pharmacy, headquartered in Williamsville, New York. One of the pharmacists employed by Tops Market Pharmacy had been suspended from practice and excluded from the Medicaid program, but nonetheless was continuing to dispense prescription medications at the pharmacy. The excluded...

Florida Federal Court Holds That FDA Lacks Jurisdiction Over Traditional Pharmacy Compounding For Veterinarian Prescription Drugs

A recent decision from the U.S. District Court for the Middle District of Florida, Ocala Division, has held that the FDA lacks jurisdiction to assert authority over traditional pharmacy compounding for animal drugs, a practice that has historically been relegated to the regulatory authority of the states. In United States v. Franck’s Lab, Inc. , Judge Timothy J. Corrigan noted that “in enacting the [Food, Drug and Cosmetic Act] in...

When the Game Ends, the Effects of Injuries Linger

Sports related concussions often go untreated or under-treated resulting in permanent damage such as headaches, neurological impairment, depression and even death. A lawsuit filed by several former NFL football players brings to light the serious effects of repeat concussions. While sports concussions are not new, the interest in researching this significant injury has grown in the past several years in both the scholastic and professional setting. Schools across the country...

Automatic Contract Renewal in New York

Is an "automatic renewal" provision in a New York contract enforceable? Not always. Under New York law, the automatic renewal provision contained in a contract can be defeated by following a few simple steps. The party seeking to enforce renewal of the contract (we will call them “A”) must give written notice via certified mail to the other party (call them Party “B”). The written Notice must give “B” an...