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The Eighth Circuit has recently reviewed whether a pharmacy benefit manager (”PBM”) is a “health benefit plan” within the meaning of the state statutes in Mississippi, North Carolina, and Georgia such that a pharmacy may bring a claim to enforce the any willing provider laws against PBMs.  Many states have enacted some version of any willing provider laws, which generally require healthcare plans to accept any qualified provider willing to accept the plans’ terms and…
There were 13 candidates in the running for the presidency in Costa Rica until last Sunday, when Costa Ricans narrowed the pool two candidates. Among the 13 presidential candidates were several lawyers who are also politicians, including: Antonio Álvarez (National Liberation Party) – Lawyer, businessman and veteran legislator who twice served as President of the Costa Rican Legislative Assembly (1995-1996; 2016-2017). As a lawmaker, he is known for having promoted legislation against sexual harassment, domestic…
The United States District Court for the Northern District of Georgia recently granted several defending healthcare insurers’ motions to compel arbitration and (in part) to dismiss claims alleging improper reimbursement practices brought under the Emergency Medical Treatment and Labor Act (“EMTALA”), Affordable Care Act (“ACA”), COBRA, and various Georgia state law theories.  The order, styled Apollo MD Business Services v. Amerigroup Corporation (Delaware), No. 1:16-cv-4814, Dkt. 70 (N.D. Ga. Nov. 27, 2017), is available here
Peruvian miners recently took to the streets in a strike meant to protest proposed labor reforms. The labor reforms, proposed by President Pedro Pablo Kuczynski’s administration, aim to loosen restrictions on the termination of workers and generally relax regulations.[1] They have been perceived as hostile to workers’ interests by Peru’s mining unions, who claim that the reforms “would loosen safety rules, make it easier to fire workers and shift the burden of paying into…
Peru was recently pummeled by heavy rains, flooding and disastrous landslides, which destroyed buildings, bridges and roads. In Peru’s bustling capital Lima, heavy flooding clogged a water treatment plant, forcing a shut-down restricting the availability of running water and prompting water rationing across many regions of the city. Natural disasters are nothing new in Peru, and repeat events — driven in part by the El Nino phenomenon — are a certainty.  Infrastructure investment has been…
During his political campaign, the newly elected President Pedro Pablo Kuczynski promised to tackle corruption arguing that it was one of the most important impediments to investment and growth in Peru. Using special legislative powers granted by Congress as a quick mechanism for the enactment of planned reforms, Kuczynski and his administration have already enacted 112 legislative decrees, including a number of significant anti-corruption measures.[1] One significant measure geared towards the prevention of corrupt…