The AHLA's Health Lawyers Weekly features two articles by lawyers from Hall, Render, Killian, Heath & Lyman, P.S.C., on the IRS' publication in the July 26 Federal Register of its final rule for 403(b) plans (a/k/a tax-deferred annuity plans) and DOL's simultaneous publication of Field Assistance Bulletin 2007-02 containing guidance on how 403(b) plans can avoid compliance with ERISA.This week's issue also has a good piece on the DC Circuit's en banc decision in the Abigail Alliance case (previously discussed here).
© 2007 AHLA. Reprinted with permission.Top Stories
- D.C. Circuit Says Terminally Ill Do Not Have Constitutional Right To Experimental Drugs
Terminally ill patients do not have a constitutionally protected right to assume the risk of taking experimental drugs that have passed early safety trials but have not yet been cleared by the Food and Drug Administration (FDA) as safe and effective, the D.C. Circuit held August 7 in an 8-2 ruling. Full Story- FTC Rules Evanston-Highland Merger Anticompetitive But Declines To Order Divestiture
In a unanimous ruling released August 6, the Federal Trade Commission (FTC) found the 2000 merger of Evanston Northwestern Healthcare Corp. (ENH) and Highland Park Hospital violated federal antitrust laws. But significantly, the Commission’s ruling, written by Chairman Deborah Platt Majoras, does not require ENH to divest its Highland Park acquisition as ordered by an agency Administrative Law Judge (ALJ) in 2005. Full StoryArticles & Analyses
- IRS Finalizes 403(b) Regulations, By Jay P. Turner, Hall, Render, Killian, Heath & Lyman, P.S.C.
- Labor Department Clarifies Application Of ERISA To 403(b) Plans, By William D. Roberts, Hall, Render, Killian, Heath & Lyman, P.S.C.
Current Topics
- Arbitration/Mediation
Mississippi High Court Finds Family Of Deceased Nursing Home Resident Not Bound By Arbitration Provision Signed By Relative- Criminal Law
Tenth Circuit Affirms Prison Sentence For Physician Who Committed Healthcare Fraud- Food and Drug Law
1. Federal Circuit Finds Federal Patent Law Preempts D.C. Law Regulating Drug Pricing
2. Dingell Introduces Bill Imposing User Fees On Food And Drug Imports
3. Lawmakers Pledge Work On FDA User Fee Reauthorization Legislation Will Continue In August
4. Grassley Questions FDA About Oversight Of Drugs Manufactured Abroad- Fraud and Abuse
1. Seventh Circuit Upholds Dismissal Of FCA Qui Tam Action Against Caremark Rx For Failure To Plead With Particularity
2. Update
3. OIG Approves Nevada, New York False Claims Acts- Health Information
Technology
DHHS Releases White Paper On Creating Public-Private AHIC Successor- Healthcare Access
Report Recommends Policy Changes To Further Expand Health Insurance Coverage To Young Adults- Insurance
Regence Blue Shield Settles Lawsuit Over High Performance Network- Long Term Care
Equitable Abstention Doctrine Supports Dismissal Of Consumer Lawsuit Against Healthcare Facilities For Alleged Violations Of Minimum Nurse Staffing Law- Managed Care
New York Governor Spitzer Signs Managed Care Reform Law- Medicaid
Eighth Circuit Upholds Denial Of State Request For Increase In Medicaid Payments
OIG Says New York Paid Over $17 Million In Improper SCHIP Payments- Medicare
1. Baucus, Grassley Introduce Bill Revamping QIO Program
2. U.S. Court In District Of Columbia Finds Pharmacy Associations Lacked Standing To Bring Lawsuit On Behalf Of Its Member Pharmacies- Physicians
New York Appeals Court Upholds Physician’s License Suspension Following Conviction For Violating Anti-Kickback Statute- PRRB
CMS Administrator Update- Tax
Wisconsin High Court Finds Nonprofit Medical Center Not Entitled To Property Tax Exemption On Its Day Care Facility
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