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In Law360, Health Care Attorneys Look at New HHS Prescription Drug Safe Harbors

Practices: Health Care, Medicare, Medicaid & Third-Party Reimbursement, Health Care Finance & Restructuring, Regulatory Enforcement & Civil Litigation

In a Feb. 15 Law360 article, a cross-office team of health care attorneys examined the new rules for prescription drug safe harbors proposed by the Office of Inspector General of the U.S. Department of Health and Human Services.

The rule would narrow the existing regulatory discount safe harbor under the Anti-Kickback Statute and create two new safe harbors. If finalized as proposed, the authors note that the rule would significantly transform prescription drug reimbursement by Medicare Part D and Medicaid managed care organizations.

The article was co-authored by health care partner Tom Bulleit (Washington, D.C.) and corporate associate Gideon Palte (New York).

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