Foley Hoag LLP

Foley Hoag LLP is a law firm headquartered in Boston, with additional offices in New York City, Paris, and Washington, D.C.. The firm represents public and private clients in a wide range of disputes and transactions worldwide. It offers regional, national and international legal services.

Foley Hoag LLP Blogs

Advertising & Marketing Law Blog

Cannabis & the Law

Corporate Social Responsibility & The Law

Drug Pricing Policy Watch

Energy & Cleantech Counsel

IPO, Then What?

Law & The Environment

Massachusetts Labor & Employment Law

Massachusetts Noncompete Law

Medicaid and the Law

Security, Privacy and the Law

State AG Insights

Trademark & Copyright Law

White Collar Law & Investigations

Blog Authors

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Latest from Foley Hoag LLP

Advertising & Marketing Law Blog

Watch Now: Advertising Best Practices for the Generalist In-House Counsel

By Natasha Reed

January 15, 2021

Advertising can take many forms, including statements about a company’s products on websites and social media platforms. A wrong step can result in serious consequences, including legal challenges from competitors, consumers, the Federal Trade Commission, and other regulatory agencies. In this 60-minute webinar, designed exclusively for in-house counsel, you will learn how you can protect your company against legal challenges based on its advertising practices. You will also learn what options are available if your…

Medicaid and the Law

A Deeper Dive into CMS’ Multiple Best Prices Policy

By Haider Andazola

January 15, 2021

As my colleague Tom wrote about in a recent post, the Centers for Medicare & Medicaid Services (CMS) has finally responded to a growing chorus of stakeholders that government price reporting requirements, particularly Medicaid Best Price (BP), are stifling innovative value-based contracting arrangements (VBAs). As the proverbial wisdom goes, “nothing changes if nothing changes,” and CMS’ recently finalized proposal to allow manufacturers to report multiple BPs is meant to stimulate innovative changes in contracting for…

Medicaid and the Law

Coverage of Routine Clinical Trial Costs Under the Medicaid Program

By Thomas Barker

January 15, 2021

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Right before the new year, we told you about some of the Medicaid-related provisions of the COVID relief package that was recently signed into law by President Trump. One provision of that law that we thought merited a separate article was a new requirement that state Medicaid plans cover the routine patient costs of items and services furnished in connection with the participation by a Medicaid beneficiary in a routine clinical trial. The provision will…

Trademark & Copyright Law

Watch Now: Advertising Best Practices for the Generalist In-House Counsel

By Natasha Reed

January 14, 2021

Cannabis & the Law

Federal Cannabis Legalization: Policy Issues to be Addressed

By Andrew Smith

January 14, 2021

For the first time in nearly a decade all three branches of the Federal Government are controlled by Democrats. The Democratic Party has a plethora of agenda items it is looking to enact within this unified government. One of those policy issues is the federal legalization of cannabis. House Democrats recently passed the MORE Act, which would federally legalize cannabis. The House leadership intends to re-introduce the MORE Act and pass it in short order.…

Medicaid and the Law

Summary: “Examining HRSA’s Oversight of the 340B Drug Pricing Program” Energy & Commerce Hearing – Oversight and Investigations Subcommittee

By Thomas Barker

January 13, 2021

WITNESSES Erin Bliss – Assistant Inspector General, Office of Evaluation and Inspections, Office of Inspector General, U.S. Department of Health and Human Services Debra Draper – Director, Health Care, Government Accountability Office Captain Krista M. Pedley – Director, Office of Pharmacy Affairs, Health Resources and Services Administration, U.S. Department of Health and Human Services TESTIMONY Erin Bliss – The 340B Program continues to experience some long-standing vulnerabilities that impede the effective oversight and operation of…

Cannabis & the Law

Arizona Off to the Races

By Michael McQueeny

January 12, 2021

Unlike states like South Dakota and New Jersey, who are experiencing stumbling blocks with respect to the implementation of their voter backed adult-use cannabis referendums, Arizona has already hit the ground running. By way of background, Arizona’s Proposition 207 was passed by 60% of voters, and broadly legalized the possession and use of marijuana for adults aged 21 years and older, permitted individuals to grow no more than 6 marijuana plants, and designated the…

Medicaid and the Law

CMS Releases Last Minute Letter of Agreement Establishing New Procedures for Waiver Withdraws

By Ross Margulies

January 12, 2021

A quick, timely update for our reader. As reported in our previous posts on the recently approved Tennessee waiver, in likely anticipation of the Biden Administration withdrawing the newly approved, but controversial waiver, on January 4, 2021 CMS Administrator Seema Verma sent a letter (available here) to State Medicaid Directors requesting they sign a Letter of Agreement “as soon as possible” establishing new procedural rights for any future waiver withdrawals by CMS. As…

Medicaid and the Law

CMS Reneges on Historic “Grand Bargain” with Manufacturers in Tennessee Wavier Approval

By Ross Margulies

January 12, 2021

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If you have not already read it, you can read our main summary of the Tennessee waiver approval HERE. Now that we have had the chance to read and meditate on the historic Medicaid waiver approved on Friday January 8th, giving Tennessee permission from the Federal government to fundamentally alter Medicaid’s traditional “matching” financing structure for the 1.5 million Tennesseans who rely on the program for healthcare services, I wanted to dive into a subject…

Law & The Environment

In Case You Were Wondering, EPA’s PM2.5 Decision Really Was Horrible

By Seth Jaffe

January 11, 2021

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Last month, I posted that EPA’s decision to retain the current PM2.5 NAAQS of 12 ug/m3 was the single worst decision by Trump’s EPA. Since then, I have not received any comments suggesting that my ranking was incorrect. In case anyone was still in doubt, Environmental Research recently released an on-line Pre-proof of A National Difference in Differences Analysis of the Effect of PM2.5 on Annual Death Rates. The “difference in differences” approach is…

Foley Hoag LLP

Foley Hoag LLP Blogs

Blog Authors

Watch Now: Advertising Best Practices for the Generalist In-House Counsel

A Deeper Dive into CMS’ Multiple Best Prices Policy

Coverage of Routine Clinical Trial Costs Under the Medicaid Program

Watch Now: Advertising Best Practices for the Generalist In-House Counsel

Federal Cannabis Legalization: Policy Issues to be Addressed

Summary: “Examining HRSA’s Oversight of the 340B Drug Pricing Program” Energy & Commerce Hearing – Oversight and Investigations Subcommittee

Arizona Off to the Races

CMS Releases Last Minute Letter of Agreement Establishing New Procedures for Waiver Withdraws

CMS Reneges on Historic “Grand Bargain” with Manufacturers in Tennessee Wavier Approval

In Case You Were Wondering, EPA’s PM2.5 Decision Really Was Horrible

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