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September 8, 2008


 

BNA® News

Court Holds Beneficiaries Lack Standing to Challenge Regulation of Drug Marketing

Medicare beneficiaries eligible for Part D drug benefits had no standing to challenge policies regulating private entity marketing of the Medicare Part D prescription drug benefit, a federal district court held Aug. 25 (Fox v. Leavitt , D.D.C., No. 1:06-cv-01490-RMC, 8/25/08). From Medicare Drug Watch, Publication date September 2, 2008

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FDA Funding, Follow-On Biologics, Patent Reform Top Issues for BIO in 2009

In 2009, the Biotechnology Industry Organization plans to focus on follow-on biologics, patent reform, and obtaining more funding for the Food and Drug Administration, Bio President James C. Greenwood said Sept. 3 during a press briefing. From Pharmaceutical Law & Industry ReportŪ, Publication date September 5, 2008

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Sixth Circuit Affirms Dismissal of Suit to Force Approval of Cancer Drug

The U.S. Court of Appeals for the Sixth Circuit Aug. 28 affirmed the dismissal of a suit seeking to force the Food and Drug Administration to step up its approval of Provenge, a vaccine against prostate cancer (CareToLive v. Von Eschenbach, 6th Cir., No. 07-4465, 8/28/08). From Health Care Daily Report, Publication date September 2, 2008

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"JAMA" Says Medical Center Conflict-of-Interest Policies Seem Effective

Stricter conflict-of-interest policies adopted over the past few years by academic medical centers appear to be working without any detriment to staff retention, according to a commentary published in the Sept. 3 Journal of the American Medical Association. From Medical Research Law & Policy ReportŪ, Publication date September 3, 2008

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HHS Rule Would Bar Retaliation if Workers Refuse to Participate in Abortion Services

The Department of Health and Human Services Aug. 21 announced plans to implement a regulation that would bar discrimination or retaliation against health care workers who refuse to participate in any abortion-related services. From Health Law Reporter, Publication date August 28, 2008

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Lawmakers Call for More Public Input of Waivers, Cite Concerns With R.I. Proposal

The Centers for Medicare & Medicaid Services must increase the level of transparency it employs when reviewing proposed changes to states' Medicaid programs or harmful policies could be implemented, Senate Finance Committee leaders said Aug. 21, citing a recent application from Rhode Island as a prime example of their concerns. From Health Care Policy Report, Publication date August 25, 2008

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One-Quarter of Part D Enrollees Reach 'Doughnut Hole,' Kaiser Foundation Says

About one-quarter of Medicare prescription drug benefit enrollees in 2007 reached the “doughnut hole,” the gap in coverage after a reimbursement threshold has been reached, and 4 percent spent enough to receive catastrophic coverage, the Kaiser Family Foundation said in study released Aug. 21. From Health Plan & Provider Report, Publication date August 27, 2008

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WIPO Report Shows Global Patent Filings Dip for Biotech, Medical Tech; Pharma Rises

According to a report released Aug. 4 by the World Intellectual Property Organization, patent filings worldwide were up almost 5 percent while there was only a modest increase in pharmaceutical filings and a slight decrease in those for biotechnology and medical technology. From Life Sciences Law & Industry Report, Publication date August 15, 2008

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Stents, Hip Resurfacing Among Topics for Potential Coverage Determinations

The Centers for Medicare & Medicaid Services July 30 released a list of 19 topics for possible national Medicare coverage determinations, including hip resurfacing, off-label use of drug-eluting stents, and minimally invasive methods for bariatric surgery. From Medical Devices Law & Industry Report, Publication date August 13, 2008

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OIG Won't Impose Sanctions on Hospitals, Surgeons Over Cost-Sharing Arrangement

The Department of Health and Human Services Office of Inspector General will not impose sanctions against a medical center and surgeons over an arrangement between them to share cost savings from the surgeons' cost reduction measures for certain procedures, the OIG said in an advisory opinion (No. 08-09) posted Aug. 7. From Health Care Fraud Report, Publication date August 13, 2008

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BNA Audioconference: Implications of a Regulatory Enforcement Surge

BNA is sponsoring an audioconference on Sept. 10 from 1-2:30 p.m. titled, "Regulatory Enforcement Surge: RACs, MACs, QIOs, ZPICs and the OIG."

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