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supreme court

Open the Floodgates: U.S. Supreme Court Decides ERISA Does Not Preempt Arkansas State Law Regulating PBMs

[12/23/20]

Posted on December 23, 2020 in Health Law News

Published by: Hall Render

On December 10, 2020, the Supreme Court of the United States (the “Supreme Court”) unanimously overturned an Eighth Circuit decision in the case of Rutledge v. Pharmaceutical Care Management Association. In the case, the Supreme Court held that an Arkansas law known as Act 900, which regulates the rates at which pharmacy benefit managers... READ MORE

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Wisconsin Statute Permitting Warrantless Blood Draws from Unconscious Drivers Held Unconstitutional

[07/15/20]

Posted on July 15, 2020 in Health Law News

Published by: Hall Render

On June 25, 2020, the Wisconsin Court of Appeals struck down a state statute permitting police to order warrantless blood draws from incapacitated drivers in State of Wisconsin v. Dawn M. Prado. This holding follows a U.S. Supreme Court ruling during the 2018 term that left unsettled whether Wisconsin’s implied consent law satisfies the... READ MORE

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CMS to Poll 4,200 Nursing Facilities to Best Develop QAPI Standards

[07/02/12]

Posted on July 2, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Centers for Medicare & Medicaid Services (CMS) is giving nursing home providers the opportunity to participate in the development of a new quality improvement initiative that was mandated by the Affordable Care Act (ACA).  While few people expected any issues with the implementation of the provisions in the ACA that affected long-term care... READ MORE

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FCA – ACA = ?

[06/25/12]

Posted on June 25, 2012 in False Claims Act Defense

Written by: David B. Honig

This Thursday, June 28, 2012, the United States Supreme Court will decide the fate of the Patient Protection and Affordable Care Act, aka “Obamacare.” In so doing, it may also make significant changes in one of the newest and most complicated amendments the False Claims Act, with results that are almost impossible to predict.... READ MORE

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Administration Recommends Only Two Sections of PPACA be Overturned if SCOTUS Rules Unconstitutional

[01/30/12]

Posted on January 30, 2012 in Long-Term Care, Home Health & Hospice

Written by: Bufford, David W.

The Department of Justice (DOJ) has recommended to the Supreme Court of the United States (SCOTUS) that only the provisions of the Patient Protection and Affordable Care Act (PPACA) that require insurers to accept everyone regardless of health status and to apply “community rates” be overturned if the Justices rule that the law’s mandate... READ MORE

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