While the survival and enforceability of noncompete agreements remain uncertain, those that exist are still being challenged, and courts are scrutinizing the language contained therein. Courts have routinely enforced noncompete agreements that were... Read More
Combatting opioid diversion remains a top priority for regulators and enforcement agencies. In that vein, there continues to be enhanced scrutiny on healthcare professionals over opioid prescriptions. As highlighted by recent Department of... Read More
The Federal Trade Commission (“FTC”) recently enforced its Health Breach Notification Rule (“Rule”) for the very first time. The FTC issued a $1.5 million civil penalty to GoodRx and imposed restrictions on the company’s future handling of... Read More
On February 22, 2023, the U.S. Department of Justice (“DOJ”) issued a corporate Voluntary Self-Disclosure policy (the “Policy”) that applies to all United States Attorney’s Offices (“USAOs”), effective immediately. The articulated goal... Read More
On January 15, 2023, the Vermont Department of Financial Regulation (the “Department”) issued a report titled “Act No. 131 (2022) Report: Pharmacy Benefit Management” (the “Report”). As the title suggests, the Department was required... Read More
The Court of Appeals for the Third Circuit recently issued its decision in the consolidated cases of drug manufacturers Sanofi, Novo Nordisk, and AstraZeneca ruling in the drug manufacturers favor versus the Department of Health & Human Services... Read More
On Friday, February 24, 2023, the Drug Enforcement Agency (“DEA”) issued long awaited proposed rules for prescribing controlled substances via telehealth after the conclusion of the COVID-19 Public Health Emergency (“PHE”). The Controlled... Read More
Since being established in May 2022, New York’s Pharmacy Benefits Bureau (“Bureau”) has requested input from the public on six separate occasions regarding New York’s laws governing Pharmacy Benefit Managers (“PBMs”). The Bureau’s... Read More
A motion to dismiss that has been pending since last year was recently decided in the matter of U.S. ex rel. Teresa Ross v. Independent Health Association, et al. The decision may very well be a bellwether for future Medicare Advantage (“MA”)... Read More
Frier Levitt recently conducted a survey of non-payment by health insurers using a sample of various in-network healthcare providers to discover patterns of non-payment, underpayment, and recoupments by public and private payors. While the plurality... Read More
