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»  Posts By   October 2012 

New Jersey Has Revamped the LLC Law: Is Your New Jersey LLC Ready for the Changes?

On September 19, 2012, the Governor signed into law the New Jersey Revised Uniform Limited Liability Company Act (the "RULLA"). RULLA replaces the current NJ LLC Act, making substantial changes to the laws governing limited liability companies (“LLCs”) in New Jersey. These changes will have a substantial effect on all NJ LLCs and their members. In order to avoid the pitfalls and dangers, your NJ LLC must be aware of...

Pennsylvania Passes Senate Bill 201, Aimed at Stopping Mandatory Mail Order

The Pennsylvania General Assembly has just passed Senate Bill 201, which prohibits mandatory mail order pharmacy by health insurers and their agents. While it represents a compromise from the original Bill which greatly favored community pharmacies, this Bill nonetheless represents a large stride for PA retail pharmacies and endows them with new rights and opportunities against the Pharmacy Benefits Managers (PBMs). Specifically, the Bill provides that "a health insurance policy...

Top 5 Steps All Compound Pharmacies Should Take in Light of the Fungal Meningitis Outbreak

Compounders already faced attacks from PBM auditing. Now, the tragedy arising from the tainted steroid compounds shipped out of New England Compounding Center (NECC) has brought compounding into the national spotlight. The Centers for Disease Control (CDC) reported this week the fourteenth death from fungal meningitis resulting from the tainted steroid. The CDC has reported over 100 cases of infection from the contaminated epidural steroids, across eleven states. Compounders can anticipate...

How to Market Compound Prescriptions the Right Way and Minimize Potential Legal Liability

One of the fastest growing and hottest topics among compounding pharmacies is the marketing of compounded pharmaceuticals by pharmacies to physician groups. More compound pharmacies are marketing directly to area physicians, but our experience shows that many pharmacies are not following Federal and State law relating to such marketing practices. The goal of the marketing is to educate physicians on the benefits of compounded prescriptions and ultimately increase physician referrals for...

A Pharmacy’s Legal Obligation Not to Associate with an Excluded Person

Your pharmacy has an affirmative legal obligation to ensure that it does not associate with (i.e., employ, transact business with, fill prescriptions for, etc.) an individual or entity that is currently excluded from participation in Medicare, Medicaid and all Federal health care programs. Many pharmacies are unaware of this legal obligation. Many pharmacies do not take the necessary steps to ensure that they have fulfilled this obligation. The results of...