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Controlled Substance Reporting Isn’t Just for DEA Anymore

FDA Law

DEA registrants include manufacturers, distributors, importers, exporters, practitioners, pharmacies, hospitals, and narcotic treatment centers who handle federally-controlled substances. Manufacturers must also report selected schedule III and IV psychotropic drugs quarterly. Transactions 1. 21 U.S.C. § 827(d)(1); 21 C.F.R.

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Minnesota Proposes to Reduce Opioid Product Registration Fees Related to Hospitals

FDA Law

Richardson — A recent proposed amendment to Minnesota’s Opiate Product Registration Fee appears intended to ensure continued availability of certain opiate products at hospitals. If enacted, Article 5, Section 6 of HF33 would provide for a reduction to the State’s opiate product registration fee.

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Supreme Court Finds CMS’ Reduction of Medicare Hospital Outpatient Payment Rates for 340B Hospitals was Not Authorized by Statute

FDA Law

Kirschenbaum — In 2017, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule to significantly decrease the rate the government will reimburse 340B hospitals in 2018 for outpatient prescription drugs from average sales price (“ASP”) plus 6% to ASP minus 22.5%. 52494 (Nov. CMS estimated a savings of $1.6 See 42 U.S.C.

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A Question 30 Years in the Making: Would a Final LDT Rule Withstand Judicial Scrutiny?

FDA Law

Regulating LDTs: A Long and Winding Road In what might sound to some like protesting too much, the PR invokes FDA’s longstanding assertion that IVDs “manufactured” by laboratories are medical devices and that clinical laboratories that develop tests are acting as manufacturers.

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CMS Proposes Rule to Implement Mandatory Medicare Part B Discarded Drug Rebates

FDA Law

Kirschenbaum — Last November, we blogged about a provision of the Infrastructure Investment and Jobs Act that requires new rebates for discarded amounts of drugs that are covered under Medicare Part B, and that are packaged in a single-dose container or single-use package. million).

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I Hear You Knockin’… Preparing for and Managing DEA Inspections (Part 1)

FDA Law

We thought this would be a good time to post a series of blog posts focusing on DEA inspections and how registrants should prepare for and manage them, with a list of registrant do’s and don’ts. Part 1 provides background and explains the scope of DEA cyclic and on-site inspections. On Commerce, Manufacturing and Trade of the H.

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The 340B Showdown: HRSA Proceeds Towards Enforcement Despite Litigation

FDA Law

The 340B program, authorized under Section 340B of the Public Health Services Act and administered by HRSA, imposes a ceiling price on pharmaceutical manufacturer sales to “covered entities,” which are certain health clinics that receive federal funding and certain types of safety net hospitals to provide them drugs at lower prices.