With President-elect Donald Trump and a new Congress ready to take office in January, the US health care system has reached a pivotal moment. In particular, the overarching question facing the industry and employers across the country is what will become of President Barack Obama's signature legislation, the Affordable Care Act?
With President-Elect Donald Trump and a new Congress ready to take office in January, the US health care system has reached a pivotal moment. In particular, the overarching question facing the industry and employers across the country is what will become of President Barack Obama's signature legislation, the Affordable Care Act?
In Part One of this Health Care Counsel podcast series, Arent Fox counsel Lanhee J. Chen, a senior appointee at the US Department of Health and Human Services during the George W. Bush administration, and Senior Government Relations Director Sonja L. Nesbit, a former Obama Administration appointee who served at HHS, discussed how they expect a Trump Administration to handle Obamacare.
In the wake of the legalization of cannabis in the state of California following last week’s election, it is important for businesses to take stock of several legal issues as opportunities within this burgeoning market continue to grow. Outlined below are just a few of the areas cannabis businesses in California need to be aware of to avoid legal problems down the road.
Real Estate & Land Use
This alert was originally published on Law360.
On Nov. 8, 2016, California voters passed Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act. The initiative legalizes recreational marijuana for individuals over the age of 21. It allows adults to possess, carry, share, transport and purchase up to one ounce of marijuana. The basic thrust of Proposition 64 is to decriminalize the adult use of marijuana for recreational purposes, as well as to regulate marijuana cultivation, distribution, sale and use.
On Monday, CMS issued a notice that, in effect, gives drug manufacturers a three-year reprieve to updating their systems to include sales in US territories in the AMP and Best Price. The government’s release about the changes that were published to Medicaid.gov can be found here.
On November 1, 2016, the Supreme Court heard argument in State Farm Fire & Casualty Co. v. United States ex rel. Rigsby, a False Claims Act case in which the defendant sought dismissal of a qui tam action after the whistleblower violated the FCA’s seal requirement, 31 U.S.C. § 3730(b)(2), and publicly disclosed the complaint. See the oral-argument transcript here.
Based on the Justices’ questions at oral argument, the Supreme Court seems likely to adopt a flexible discretionary test that allows district courts to fashion appropriate sanctions for the whistleblower’s, also known as the relator, violation of the FCA’s seal requirement—rather than the bright-line “automatic dismissal” rule proposed by State Farm.
Today, CMS issued a notice announcing changes that would be made to the Medicaid National Drug Rebate Agreement (NDRA). The government’s release about the changes that were published to Medicaid.gov can be found here:
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