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Get the 4-1-1 on your 1099s: 5th and 7th Circuits Permit Paying Volume-Based Compensation to Independent Sales Agents

FDA Law Blog

The Seventh Circuit took a more lenient approach than the Fourth Circuit, focusing its rationale on whether an independent contractor had improper influence over a healthcare providers independent healthcare decisions. Sorenson follows the Fifth Circuits decision last year in United States v. Marchetti, 96 F.4th Marchetti, 96 F.4th

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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law Blog

Pfizer manufactures tafamidis (sold under brand names Vyndaqel and Vyndamax), a breakthrough treatment for a rare, progressive heart condition called transthyretin amyloid cardiomyopathy (ATTR-CM). If SCOTUS takes up this case, it could have significant and far-reaching implications across the healthcare fraud and abuse landscape. Background.

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The 340B Showdown: HRSA Proceeds Towards Enforcement Despite Litigation

FDA Law Blog

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.

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The Preserve Access to Affordable Generics and Biosimilars Act: It’s Back! And Bigger and Bolder than Before!

FDA Law Blog

C) REMEDIES IN ADDITION.Remedies provided in this paragraph are in addition to, and not in lieu of, any other remedy provided by Federal law. Under the Seventh Amendment and Jarkesy , a jury trial must be provided on liability before civil monetary penalties that are legal in nature can be assessed. 5) CIVIL PENALTY. (B)

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The Preserve Access to Affordable Generics and Biosimilars Act: It’s Back! And Bigger and Bolder than Before!

FDA Law Blog

C) REMEDIES IN ADDITION.Remedies provided in this paragraph are in addition to, and not in lieu of, any other remedy provided by Federal law. Under the Seventh Amendment and Jarkesy , a jury trial must be provided on liability before civil monetary penalties that are legal in nature can be assessed. 5) CIVIL PENALTY. (B)