Morgan Lewis

Healthcare & FDA Public Policy Publications of Interest

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04/28/09 Morgan Lewis Adds Attorneys to Its Healthcare Group
Following the addition earlier this month of six healthcare partners on the East and West Coasts, Morgan Lewis today announced another seven attorneys have joined the firm, doubling the size of its FDA & Healthcare Practice.
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Related Publications

04/18/12 Manufacturers Affected by Recent Medicare Part D Rule
CMS formalizes its Medicare Part D Coverage Gap Discount Program rules as part of an omnibus Medicare Part C and Part D rulemaking.
03/28/12 The Proposed Rule on Transparency Reports: Shedding Light on the Sunshine Act, Journal of Health Care Compliance
An overview of the most important aspects of the proposed regulations. (pdf)
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04/18/12 Manufacturers Affected by Recent Medicare Part D Rule

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Andrew Ruskin, Donna Lee Yesner

CMS formalizes its Medicare Part D Coverage Gap Discount Program rules as part of an omnibus Medicare Part C and Part D rulemaking.

03/28/12 First Amendment Off-Label Promotion Cases Work Their Way Through the Courts, Journal of Health Care Compliance

Outside Publication | Article
Jacqueline Berman

Much remains to be seen.

03/28/12 The Proposed Rule on Transparency Reports: Shedding Light on the Sunshine Act, Journal of Health Care Compliance

Outside Publication | Article
Scott Memmott, Jennifer Clarke

An overview of the most important aspects of the proposed regulations.

03/21/12 Personalized Medicine Patents Rejected by U.S. Supreme Court

LawFlash/Client Alert | Intellectual Property LawFlash
Robert Smyth, Ph.D.

Court ruling applies law of nature; impacts patents directed to personalized medicine.

03/09/12 Pharmacies and Suppliers Beware: It Is Not Just the Pill Mills They Are After

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Kathleen Sanzo, Lee Rosebush, Michele Buenafe

DEA's recent position against a national pharmacy chain and a wholesale distributor expands the proactive monitoring and auditing requirements for pharmacies and wholesale distributors to include site visits and possibly medical necessity reviews.

02/09/12 FDA Issues Three Draft Guidances for Biosimilars

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Stephen Mahinka, Phoebe Mounts, Alexis Miller, Kathleen Sanzo

Initial guidance provides insights on regulatory pathway for biosimilars, but does not address many critical issues.

02/06/12 CMS Proposes Major Changes to AMP Rule

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Andrew Ruskin, Donna Lee Yesner, Stephen Ruscus

The Proposed Rule provides provisions that will significantly impact pharmaceutical manufacturers' rebate liability, price reporting calculations, and possibly their operations.

01/26/12 Transparency Compliance Webinar

Presentation | Webinar
Rebecca Osowski, Kathleen McDermott, Jonathan Havens

Morgan Lewis hosted a webinar focusing on the Centers for Medicare and Medicaid Services' (CMS) long-awaited proposed rule, "Transparency Reports and Reporting of Physician Ownership or Investment Interests." This webinar pr... more

12/21/11 CMS Issues Transparency Reporting Proposed Rule

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Rebecca Osowski, Kathleen McDermott, Jonathan Havens, Michele Buenafe

The Centers for Medicare and Medicaid Services' proposed rule, which will implement Section 6002 of the Patient Protection and Affordable Care Act, clarifies several definitions, provides further information on reporting requirements, and offers guidance on submitting required information.

06/27/11 Default or Deliverance? Healthcare Industry Could Lose as Congress Averts Debt Crisis

LawFlash/Client Alert | FDA and Healthcare LawFlash
Joyce Cowan

Healthcare industry clients should be prepared for possible cuts to the Medicaid program, Medicare provider and supplier reimbursement rates, Medicare Advantage, and Medicare Part D, and for increased fees for manufacturers.

06/16/11 HHS Proposed Rule Creates New Access Report Obligations And Amends Existing Accounting of Disclosures Provisions, BNA's Health Law Reporter

Outside Publication | Article
Heather Deixler, W. Reece Hirsch

06/14/11 HHS Issues Proposed Rule; Creates New Access Report Obligations and Amends Existing Accounting of Disclosures Provisions

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
FDA & Healthcare, Life Sciences, and Employee Benefits Practices

On May 31, the U.S. Department of Health and Human Services (HHS) released a notice of proposed rulemaking (Proposed Rule) creating a new requirement that covered entities produce an "access report" informing individuals of all ... more

06/08/11 Transparency Update: Vermont Revises Disclosure Form and Seeks Comment on 2011 Draft Consolidated Disclosure Guide

LawFlash/Client Alert | FDA and Healthcare LawFlash
Lee Rosebush, Kathleen McDermott, Michele Buenafe

The State of Vermont regulates expenditures and gifts to healthcare professionals and entities by manufacturers of prescribed products (medical device, pharmaceutical, and biological products entities). Such entities with repor... more

06/07/11 The Compliance Revolution Will Be Televised: As Government Turns Up Heat on Healthcare Fraud, OIG Videos Offer Practical Compliance Pointers

LawFlash/Client Alert | FDA and Healthcare LawFlash
Kathleen McDermott, Arianne Callender

The U.S. Department of Health and Human Services (HHS) Office of Inspector General's (OIG's) Health Care Fraud Prevention and Enforcement Action Team (HEAT) has garnered headlines for its coordinated Medicare fraud criminal swee... more

05/24/11 Medicare ACOs: Details From the Fraud and Abuse Perspective (an American Health Lawyers Association webinar)

Presentation | Webinar
Kathleen McDermott

Morgan Lewis partner Katie McDermott participated in AHLA's hosted webinar on "Medicare ACOs: Details From the Fraud and Abuse Perspective" on May 24, 2011. The much-anticipated proposed regulations regarding the Medicare Shared ... more

05/23/11 FDA Requests Comments on the Development of a User Fee Program for Biosimilar and Interchangeable Biological Products

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Kathleen Sanzo, Phoebe Mounts, Lee Rosebush, Stephen Mahinka

On May 10, the Food and Drug Administration (FDA) issued a Federal Register notice requesting comments relating to the development of a user fee program for biosimilar and interchangeable biological product applications submitt... more

04/14/11 FDA Proposes to Expand the Scope of Clinical Investigator Disqualifications

LawFlash/Client Alert | FDA and Healthcare LawFlash
Phoebe Mounts, Jacqueline Berman

The Food and Drug Administration (FDA) has issued a proposed rule which, if finalized, will expand the scope and consequences of clinical investigator disqualifications. [1] Under the propose... more

01/07/11 2011: Healthcare Policy in the New Congress

LawFlash/Client Alert | FDA and Healthcare LawFlash
FDA and Healthcare Practice

Following tremendous changes for healthcare in the 111th Congress, stakeholders can expect continued focus on healthcare reform in the 112th Congress. The Obama administration and Democrats will be defending the 2010 healthcare... more

01/07/11 FDA Food Safety Modernization Act Summary

LawFlash/Client Alert | FDA and Healthcare LawFlash
Kathleen Sanzo, Stephen Mahinka

12/23/10 FDA Food Safety Modernization Act Greatly Expands FDA Enforcement Powers

LawFlash/Client Alert | FDA and Healthcare LawFlash
Kathleen Sanzo, Stephen Mahinka

Following final congressional passage on December 21, President Obama is expected to sign into law H.R. 2751, the Food and Drug Administration (FDA or the Agency) Food Safety Modernization Act (the Act). By amending the Fede... more

10/07/10 FTC Releases Proposed "Green Guides" Revisions

LawFlash/Client Alert | Cross-Practice Alert
Stephen Mahinka, Karen Butcher

After almost three years of review and analysis, the Federal Trade Commission (FTC) on October 6 released proposed revisions to its Guides for the Use of Environmental Marketing Claims, generally termed the "Green Guides" (the G... more

04/15/10 Healthcare Reform Law: A New Regulatory Pathway for Biosimilar Biological Products

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen Sanzo, Phoebe Mounts

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law), establishes an abbreviated licensure pathway for biosimilar biological p... more

04/15/10 Healthcare Reform Law: Impact on Pharmaceutical Manufacturers

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen Sanzo

The Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law, or Law), will have a number of direct and indirect effects on pharmaceuti... more

03/29/10 Healthcare Reform Law Delivers New Transparency Requirements for the Health Industry

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Kathleen McDermott

The Patient Protection and Affordable Care Act of 2010 as amended by the Health Care and Education Reconciliation Act of 2010 (the Healthcare Reform Law) provides for a number of new transparency requirements for several health ... more

09/15/09 FDA's Reportable Food Registry: New Reporting Obligations for Food Entities

LawFlash/Client Alert | FDA and Healthcare LawFlash
FDA and Healthcare Practice

Background The Reportable Food Registry (RFR), released by the U.S. Food and Drug Administration (FDA) on September 8, is an electronic portal through which the food industry is to report when there is a reasonable probabil... more

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