By James M. Burns On June 17, the United States Supreme Court issued its highly-anticipated decision in FTC v. Actavis Inc., a case with significant implications for patent law, antitrust law and healthcare law. The case involved a settlement of a patent infringement lawsuit brought by a branded drug manufacturer against a generic drug maker, …
FTC Commissioner Addresses Tension Between the ACA, ACOs, and Antitrust Law
By Scott Roberts In a recent speech to a healthcare trade group in Washington, Federal Trade Commissioner Julie Brill addressed an issue of concern to many in the healthcare industry – the apparent tension between the Affordable Care Act (“ACA”), Accountable Care Organizations (“ACOs”), and antitrust law. Addressing this perceived tension, Commissioner Brill sought to …
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New Guidance for Healthcare Providers Regarding Screening of Employees and Contractors for “Excluded Persons”
By Rose Willis Under the Federal “Exclusions Statute,” a health care provider that arranges or contracts with a person that the provider knows or should know is an excluded person, may be subject to Civil Money Penalties (“CMP”) liability, or exclusion, if the excluded person provides services that are payable, directly or indirectly, by a …