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Triage Health Law

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By: Squire Patton Boggs

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David Schnittger
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Adrian Spooner

Latest from Triage Health Law

Triage Health Law

UnitedHeathcare Subsidiary Indicted for No-Poach Agreements

By Christopher Gordon & Whitney Williams
January 13, 2021
The Department of Justice kicked off 2021 with its first publicly filed, two-count indictment against Surgical Care Affiliates, LLC (SCA) and successor entity Scai Holdings, LLC, both accused of criminal antitrust violations for agreeing with other healthcare companies not to solicit each other’s senior-level employees. The charges are the first to come out of an ongoing investigation by the Antitrust Division into alleged no-poach agreements between employers. The indictment alleges that SCA entered into two…
Triage Health Law

Pharmaceuticals Highlighted in the EU-UK Trade and Cooperation Agreement

By Adrian Spooner
January 10, 2021
The EU-UK Trade and Cooperation Agreement (the Agreement), announced just before Christmas, has now been agreed by the UK Parliament and EU Commission. This is now in place with a requirement for further approval by the EU Parliament. The Agreement is wide-ranging but in terms of trade mainly focusses on the supply of goods. As one of the most highly regulated sectors, pharmaceuticals are highlighted in a number of areas with specific provisions that touch…
Triage Health Law

Election 2020 Puts Cannabis Center Stage

By Mara Sheldon, David Schnittger & Gabriel Colwell
December 21, 2020
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The cannabis industry was center stage during the November election, collecting a trove of wins making recreational marijuana legal now in 15 states and approved it for medical use virtually nationwide. The overwhelming nods in the recent election made marijuana more mainstream across the country and proved the cannabis industry has built a profound and powerful voice when it comes to messaging and revenue-building in states. The multiple victories for cannabis on state ballots across…
Triage Health Law

CMS Publishes Stark Law Final Rules

By Robert Nauman
December 18, 2020
In follow up to our post last month, on Wednesday, December 2, The Centers for Medicare and Medicaid Services (CMS) published final rules implementing many of the Stark Law changes first proposed in October 2019 (the Final Rules). These changes have been adopted to address the shift to a value-based and coordinated healthcare environment. The Final Rules represent CMS’s recognition that the healthcare delivery and payment environment has changed from the “fee-for-service” model under…
Triage Health Law

Supreme Court Rules that Arkansas Act 900, Affecting the Prices that PBMs Pay to Pharmacies, Is Not Preempted Under ERISA

By Kimberly Donovan & Michele Noble
December 11, 2020
On December 10, 2020, the Supreme Court released its decision in Rutledge v. Pharmaceutical Care Management Association. Justice Sotomayor wrote the Court’s opinion, which was joined by all Members of the Court except Justice Barrett, who did not participate. Justice Thomas filed a concurring opinion, which expressed his prior opinions that the Court’s ERISA preemption tests have strayed from the text of ERISA’s statutory language. The question presented was whether ERISA preempts Arkansas Act…
Triage Health Law

EU Pharmaceutical Strategy

By Christina Economides
December 4, 2020
The European Commission President Ursula von der Leyen has put an emphasis on health policy since the beginning of her term, by promoting the development of a number of initiatives that will be published in the months and years to come. Inevitably, the COVID-19 pandemic has generated a growing demand for better coordination across EU Member States in connection to the management of health systems and health emergency response, an area in which Member States opted…
Triage Health Law

Cross-Post from Law360: The Legal Implications Of Mobile Health Advancements

By Sarah Rathke
November 23, 2020
This is a cross post from Law360.  Please contact Sarah Rathke, Kristin Bryan or John Wyand with any questions. In response to American health care needs during the COVID-19 pandemic, the U.S. is seeing a rapid acceleration in mobile health care, however, this new age form of health care does present some risk and legal implications.  In the recently published Law360 article, we discuss the legal implementations facing mobile health care.  Read the…
Triage Health Law

CMS Releases Final Rules Implementing Stark Law Changes to Reflect Value-Based Healthcare Delivery and Payment Environment

By Robert Nauman
November 22, 2020
On Friday, November 20, CMS released final rules implementing many Stark Law changes first proposed in October 2019 (the “Final Rules”). This release comes despite earlier suggestions that these Final Rules may be delayed until sometime in 2021. Developed as part of the Regulatory Sprint to Coordinated Care program, the Final Rules represent CMS’s recognition that the healthcare delivery and payment environment has changed from the “fee-for-service” model under which the Stark Law was developed,…
Triage Health Law

Addressing COVID-19 Vaccine Supply Chain Challenges

By Sarah Rathke
November 20, 2020
At the time of this writing, two companies, Pfizer Inc. and Moderna, Inc., have announced promising early results from Phase 3 of their COVID-19 vaccine trials.  Additional promising results are hoped for from Johnson & Johnson, and AstraZeneca soon, and perhaps from others later.  This is good news. Developing a vaccine is one thing, however.  Distributing it is another.  Indeed, managing the COVID-19 supply chain will pose tremendous logistical challenges for health care…
Triage Health Law

Brexit: Phased Approach for Northern Ireland Protocol (NIP) for the Pharmaceuticals Sector

By Adrian Spooner
November 12, 2020
The UK Cabinet Office released a statement last Thursday 5th November 2020 that could provide some breathing space for the UK/EU pharmaceuticals sector during the Brexit transition, by indicating that a one year implementation period would apply to application of the protocol for certain matters. For the pharmaceuticals sector, these include batch testing, importation and rules relating to falsified medicines (FMD). The details of the exact scope of this relaxation are not clear from the…

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