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Insights on Pharmaceuticals & Medical Devices

141 total results. Page 1 of 6.

Health Care Counsel Blog
FDA’s Attempt to Regulate Lab-Developed Tests Struck Down in Federal Court
April 9, 2025
Emily Cowley Leongini, Wayne H. Matelski, Jack R. Bierig, Gayland O. Hethcoat II

On March 31, a judge in the Eastern District of Texas vacated the US Food and Drug Administration’s (FDA) rule that sought to regulate laboratory-developed tests (LDTs) as medical devices under the Federal Food, Drug, and Cosmetic Act (FDCA).

Health Care Counsel Blog
Navigating Pharma Changes in 2025: The Future of Off-Label Promotion
March 17, 2025
Stephanie Trunk

Join AFS Life Sciences Partner Stephanie Trunk and Darshan Kulkarni, Life Sciences regulatory and compliance attorney, as they explore the major shifts occurring in the pharmaceutical industry under the Trump Administration.

Events
Regulatory Issues for Life Sciences Companies in 2025
February 27, 2025
Philip S. English*, David R. Hamill, Wayne H. Matelski, Stephanie Trunk, Brian P. Waldman, Joy Marie Virga*

ArentFox Schiff professionals will discuss recent matters that directly impact the life sciences industry and its trajectory.

Health Care Counsel Blog
Top Legal Challenges for the Health Care Industry in 2025
February 20, 2025
David S. Greenberg, Douglas A. Grimm, Annie Chang Lee, Michele L. Gipp, Anne M. Murphy, Stephanie Trunk, Hillary M. Stemple, Gayland O. Hethcoat II, D. Jacques Smith, Daniel J. McQueen, Jeffrey B. Tate , Brian D. Schneider, Moyosore O. Koya, William R. Mitchell, Rebekkah R.N. Stoeckler, Pascal Naples

With 2025 underway, the AFS Health Care team highlights some of the most pressing legal issues facing the health care industry this year.

Health Care Counsel Blog
The 2025 Final Hospital Outpatient Prospective Payment System and Physician Fee Schedule Rules: What Pharma Stakeholders Need to Know
November 21, 2024
Stephanie Trunk, Shoshana Golden

This past July, we reported on the Centers for Medicare & Medicaid Services (CMS) release of the 2025 proposed Hospital Outpatient Prospective Payment System (HOPPS) and Physician Fee Schedule (PFS) rules. CMS has now released the 2025 final rules, though they will not be published in the Federal Register for several more weeks.

Events
Webinar: The New 340B ADR Final Rule Process: Overview and Implications for the Future
November 7, 2024
Douglas A. Grimm

Health Care Practice Leader Douglas Grimm will co-lead a CLE webinar on the new 340B Administrative Dispute Resolution (ADR) Final Rule process for the American Health Law Association’s (AHLA) Education Center on November 7, 2024.

Health Care Counsel Blog
The 340B ‘Saga’ Continues: As More States Pass 340B Contract Pharmacy Laws, More Lawsuits Follow
September 3, 2024
Douglas A. Grimm, Stephanie Trunk, Gayland O. Hethcoat II, Shoshana Golden

In 2021, we provided an overview of multiple federal lawsuits challenging the US Department of Health and Human Services (HHS) Health Resources and Services Administration’s (HRSA) enforcement of the 340B Drug Pricing Program, particularly with respect to contract pharmacies.

Health Care Counsel Blog
The 2025 Proposed Hospital Outpatient Prospective Payment System and Physician Fee Schedule Rules: What Pharma Stakeholders Need to Know
July 17, 2024
Stephanie Trunk, Shoshana Golden

Pharma’s favorite summer pastime is back again: reviewing the Centers for Medicare & Medicaid Services (CMS) release of the 2025 proposed Hospital Outpatient Prospective Payment System (HOPPS) and Physician Fee Schedule (PFS) rules.

Press Release
Chambers USA 2024 Recognizes 70 Attorneys and 23 Practices Among Nation’s Best
June 5, 2024

ArentFox Schiff is pleased to announce that 70 attorneys were recognized as leaders in their field and 23 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked among the best in the country in the 2024 edition of Chambers USA: America’s Leading Lawyers for Business.

Health Care Counsel Blog
New ADR Rule to Govern Disputes Between 340B Covered Entities and Drug Manufacturers
May 14, 2024
Douglas A. Grimm, Stephanie Trunk, Gayland O. Hethcoat II

Disputes between 340B Drug Pricing Program-covered entities and the drug manufacturers required to sell outpatient drugs to those entities at discounted prices will be governed by an alternative dispute resolution (ADR) process under a Final Rule published on April 19, by the US Department of Health and Human Services’ Health Resources and Services Administration (HRSA).

Alerts
Breaking: Third Circuit Declares Mallinckrodt’s Future Royalty Payment Obligations Dischargeable – Caution, Warning, and Options
May 10, 2024
Andrew I. Silfen, Richard J. Berman, Beth M. Brownstein, Ahmed M.T. Riaz, Sailesh K. Patel, Jackson David Toof, Stephanie Trunk, Matthew R. Bentley, Nicholas A. Marten

On April 25, the US Court of Appeals for the Third Circuit issued its precedential opinion in Mallinckrodt v. Sanofi-Aventis, Case No. 23-1111.

Health Care Counsel Blog
Federal Court Ruling Suspends Compliance with Certain Reporting Obligations Under Oregon Drug Price Transparency Program
February 28, 2024
Stephanie Trunk, Shoshana Golden

Earlier this month, the US District Court for the District of Oregon issued a declaratory judgment invalidating a key component of the Oregon Drug Price Transparency Program.

Alerts
Progress Towards PBM Reform: Insights, Political Considerations, and Outlook for 2024-2025
February 27, 2024
Cissy Jackson, Daniel Sjostedt*

As we predicted at the end of the 117th Congress, 2023 was a year of progress for advocates of Pharmacy Benefit Manager (PBM) reform.

Events
Webinar: Medicaid AMP Cap Removal, Practical Implications & Solutions
November 14, 2023
Stephanie Trunk

Health Care Partner Stephanie Trunk will host a webinar titled “Medicaid AMP Cap Removal, Practical Implications & Solutions” on November 14, 2023.

Events
Webinar: 505(b)(2) Office-Administered Drug Coding and Reimbursement: Similar to Biosimilars?
August 8, 2023
Stephanie Trunk

Health Care Partner Stephanie Trunk will present at BuyandBill.com’s webinar on office-administered drug coding and reimbursement on Tuesday, August 8, 2023.

Managing Automotive Blog
Chambers USA 2023 Recognizes 70 Attorneys and 24 Practices Among Nation’s Best
June 1, 2023

ArentFox Schiff is pleased to announce that 70 attorneys were recognized as leaders in their field and 24 practices spanning the firm’s litigation, regulatory, and transactional capabilities were ranked in the 2023 edition of Chambers USA.

Events
HDA 2023 Distribution Management Conference
March 13, 2023
Stephanie Trunk

Health Care Partner Stephanie Trunk will present at the Healthcare Distribution Alliance’s (HDA) 2023 Distribution Management Conference on March 13.

Events
An Overview of Reimbursement and Coverage Basics for Medical Devices
December 20, 2022
Stephanie Trunk

Health Care Partner Stephanie Trunk will teach a Lawline course titled “An Overview of Reimbursement and Coverage Basics for Medical Devices” on December 20.

Health Care Counsel Blog
Medicare Hospital Outpatient Prospective Payment System (HOPPS) and Physician Fee Schedule (PFS) Final Rules Released; What Pharma Needs to Know
December 1, 2022
Stephanie Trunk

The Centers for Medicare & Medicaid Services (CMS) has issued its annual final rules related to both the Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems for calendar year 2023 (the HOPPS Final Rule) and the Physician Fee Schedule Final Rule (the PFS Final Rule)

Health Care Counsel Blog
CY 2023 Proposed HOPPS Rule– What Drug Manufacturers Need To Know
August 3, 2022
Stephanie Trunk

The Centers for Medicare & Medicaid Services (CMS) issued its annual proposed rule related to the Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems for 2023 (the HOPPS Proposed Rule) on July 26, 2022.

Alerts
Life Sciences in the Metaverse: A New Forum
July 25, 2022
Sailesh K. Patel

The life sciences and pharmaceutical industry is investigating potential applications in the Metaverse to reduce costs, increase efficiency, and develop novel functionalities.

Health Care Counsel Blog
Physician Fee Schedule Proposed Rule for 2023 Released: What Pharmaceutical Manufacturers Need To Know
July 20, 2022
Stephanie Trunk

The Centers for Medicare & Medicaid Services (CMS) calendar year 2023 rule proposing changes to payment policies under the Physician Fee Schedule (PFS) and Medicare Part B (the Proposed Rule) will officially be published in the Federal Register on July 29, 2022.

Health Care Counsel Blog
Physician Ownership in Medical Device Company Will Not Trigger Anti-Kickback Statute Enforcement Action, OIG Concludes in Advisory Opinion 22-07
May 20, 2022
Douglas A. Grimm, Gayland O. Hethcoat II

Physician-owned companies that generate revenue from the sale of medical devices ordered by their physician owners have in recent years been the target of federal fraud and abuse enforcement actions.

Events
IBA 8th Annual World Life Sciences Conference
May 17, 2022
Alexander H. Spiegler

ArentFox Schiff Intellectual Property Partner Alex Spiegler will present at the International Bar Association (IBA) 8th Annual World Life Sciences Conference.

Health Care Counsel Blog
OIG Issues Advisory Opinion Approving Biopharmaceutical Manufacturer’s Sponsorship of Free Genetic Testing and Counseling
May 5, 2022
Douglas A. Grimm, Gayland O. Hethcoat II

The US Department of Health and Human Services Office of Inspector General (OIG) recently published a favorable determination, Advisory Opinion 22-06, on behalf of a biopharmaceutical company (the Requestor) regarding the Requestor’s provision of free genetic testing and counseling.

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