Legal Challenges

  June 17, 2013, 12:19 pm

Supreme Court rules 'pay-for-delay' drug deals can be illegal

By Ben Goad

The 5-3 decision marks a limited victory for the Obama administration and allows regulators to challenge such deals in court.

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Archived under: Legal Challenges, Court Battles, Healthcare
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  June 13, 2013, 6:30 pm

OVERNIGHT HEALTH: Supreme Court rejects patents on human genes

By Sam Baker and Elise Viebeck

Private companies cannot own patents on human genes, the Supreme Court said in a unanimous ruling Thursday. The case has major implications for the biotechnology industry, and will likely make a popular genetic test much cheaper. The court struck down patents on two genes — known as BRCA1 and BRCA2 — that help predict women's risk of developing breast cancer. (It's the same test that prompted Angelina Jolie to undergo a double mastectomy.)

Genes are products of nature and thus can't be patented, Justice Clarence Thomas wrote for the court. But the justices said synthetic DNA, made in a lab, is eligible for patent protection.

Striking down the specific patents held by Myriad Genetics will likely make the the BRCA test much cheaper, and it will allow other companies to develop their own diagnostics analyzing the same genes. 

Healthwatch has the story on Thursday's ruling.

OFA plans ObamaCare campaign: Organizing for America plans to start a healthcare campaign next week. OFA Executive Director John Carson said in a memo Thursday that the organization will launch television ads next week highlighting Affordable Care Act benefits that are already in place.

"Those ads will mark our first foray into Obamacare education that will be ongoing this summer, both highlighting the successes of the law so far and the benefits soon to kick in," Carson wrote.

In addition to the TV campaign, he said, the OFA has added more than 800 state-level organizers who will help promote the healthcare law and push for comprehensive immigration reform.

Issa probes navigators: Rep. Darrell Issa (R-Calif.) accused the Department of Health and Human Services on Thursday of improperly funding a new "assisters" program to help people make sense of new coverage options available under ObamaCare. He said the HHS has improperly tapped funding to help set up insurance exchanges — a move that "intentionally circumvented an explicit federal funding ban in the interest of convenience and political expediency," Issa said.

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  June 13, 2013, 10:41 am

Supreme Court strikes down gene patents

By Sam Baker

Companies cannot patent individuals' genes, the Supreme Court said in a unanimous ruling Thursday.

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  June 5, 2013, 10:04 pm

Judge intervenes in transplant case

By Sam Baker

Congressional Republicans have been pressing Sebelius to intervene in Sarah Murnaghan's case since last week.

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  May 17, 2013, 3:42 pm

GOP Rep. Franks to offer late-term abortion ban following Gosnell case

By Elise Viebeck

The Arizona congressman will revise his measure banning late-term procedures in the District of Columbia to apply nationwide. 

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  May 2, 2013, 12:15 pm

Lawsuit accuses IRS of 'flagrantly illegal' actions in rollout of ObamaCare aid

By Sam Baker

A group of small businesses filed a new legal challenge Thursday to the insurance subsidies in the healthcare law.

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  May 1, 2013, 8:03 pm

Justice Dept. to appeal Plan B court ruling

By Sam Baker

The administration will appeal a court decision that required the FDA to make the controversial contraceptive more broadly available.

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  April 24, 2013, 2:47 pm

Medicare whistleblower program increases maximum reward to $9.9M

By Megan R. Wilson

The Obama administration is proposing to increase the maximum reward for reporting Medicare fraud to $9.9 million, saying that it could provide an incentive to whistleblowers.

Since 2010, the Centers for Medicare & Medicaid Services (CMS) has recouped more than $14.9 million in fraudulent Medicare funds. The new proposal, the agency says, will root out a net $24.5 million in additional recovered revenue each year.

“President Obama has made the elimination of fraud, waste and abuse, particularly in healthcare, a top priority for the administration,” said Health and Human Services Secretary Kathleen Sebelius in a statement on Wednesday.

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Archived under: Medicare, Legal Challenges, Pending Regs
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  April 14, 2013, 6:00 pm

Supreme Court wrestles with right to patent human genes

By Sam Baker

The lawsuit deals with patents on two genes that can identify a woman’s risk of developing breast cancer.

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  March 25, 2013, 2:52 pm

Supreme Court urged to ban 'pay for delay' drug settlements

By Benjamin Goad

The Obama administration said companies are violating antitrust laws by paying to keep generic drugs off the market.

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Archived under: Legal Challenges, Healthcare
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