Health Care

Will Nursing Home Residents Get Their Day in Court

By: Doriyon Glass*| Staff Writer

Centers for Medicare and Medicaid Services (CMS) is an agency within the Health and Human Services Department.  CMS is the federal agency that controls over $1 trillion in Medicare and Medicaid funding.  In September, the agency promulgated Part 483 to Title 42 of the Code of Federal Regulations, the Requirements for States and Long-Term Care Facilities.  These regulations cover many regulatory requirements for long term care facilities and make new compliance obligations for providers. Continue reading »

An Executive Order Responds to a Lack of Paid-Sick Leave in America and Gives Government Workers Something to Celebrate

By: Charity Barger*| Staff Writer

In America today, many households are dual-career households, meaning both parents have jobs outside of the home.  However, there is no federal legal requirement that businesses provide paid sick leave to their employees, although some companies are required to offer unpaid sick leave under the Family and Medical Leave Act.  In fact, the United States is the only wealthy nation that does not require a minimum of paid sick leave. Continue reading »

ADA Website Compliance: Is Your Website in Violation?

By: Doriyon Glass*| Guest Writer recently attended a Legal Marketing Association (LMA) meeting in Raleigh, North Carolina, and the main topic of discussion was website compliance with the Americans with Disabilities Act (ADA).  The discussion was sparked because it had been the topic of a recent Continuing Legal Education (CLE) presentation.  The presentation focused on law firm websites that were not in compliance with the ADA.  A large number of those attending the meeting and the CLE were not aware this was an issue generally or in the legal profession.  The reason for this lack of awareness may be because Title III of the ADA, which applies to public accommodations like businesses, has traditionally focused on physical spaces. Continue reading »

Business as Usual or Profiteering? A Look at Recent Drug Price Hikes

By: Tyler Hood* | Staff Writer

Healthcare is notoriously expensive, and drugs are no exception. Drugs are notoriously costly, with some costing thousands, or even hundreds of thousands of dollars a year. Recently, we’ve all been inundated with news stories about companies drastically raising the prices of certain drugs. Generally, the most expensive drugs are those still on patent. Pharmaceutical companies sell new drugs for such high prices primarily to recoup research and development costs. In fact, taking into account the cost of failed candidates, a drug company spends approximately $5 billion to bring a drug to market. Once the patents expire, generic versions become available and the prices drop. However, recently developed drugs are not the only ones carrying a huge price tag. In some cases, obscure drugs that have been around a long time are subject to price increases if the market for the drug is small enough.

Photo by Sage Ross, CC by-sa

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The Evolving Standard of Antitrust Analysis in Pharmaceutical Product Hopping

By: John S. Sears* | Summer Guest Writer

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Is it “pharmaceutical innovation” or “product hopping”?  The distinction is not always clear.  While pharmaceutical innovation brings new and improved pharmaceuticals to patients, the term “product hopping” refers to a tactic by which brand name pharmaceutical companies try to obstruct generic competition by making modest reformulations that offer little or no therapeutic advantages.  Such approaches are contrary to section 2 of the Sherman Act that makes it an offense to “monopolize, or attempt to monopolize … any part of the trade or commerce among the several States.” Continue reading »

The Nurse with Ebola Strikes Back

By: Blaydes Moore* | Staff Writer

Nina Pham, nurse that contracted Ebola in Dallas in September 2014Nina Pham, the twenty-six year old nurse who contracted Ebola in Dallas last year, is suing her employer.  She alleges that the hospital negligently failed to prepare her to handle an Ebola patient.  She states that she was assigned the patient, Thomas Eric Duncan, like any other.  The Liberian man was diagnosed with the disease on September 30, 2014.  It was the first case of Ebola ever diagnosed in the United States.

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