Featured Cases

• STATE OF FLORIDA et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al

  3:2010cv00091
  Filed in Florida Northern District Court
  Type of Suit: Other Statutory Actions
  Plaintiff: STATE OF FLORIDA, by and through BILL MCCOLLUM, STATE OF SOUTH CAROLINA, by and through HENRY McMASTER, ATTORNEY GENERAL, STATE OF NEBRASKA, by and through JON BRUNING, ATTORNEY GENERAL, STATE OF TEXAS, by and through GREG ABBOTT, ATTORNEY GENERAL, STATE OF UTAH, by and through MARK L. SHURTLEFF, ATTORNEY GENERAL and other. Defendant: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, KATHLEEN SEBELIUS, in her official capacity as THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF THE TREASURY, TIMOTHY F. GEITHNER, in his official capacity as the Secretary of THE UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES DEPARTMENT OF LABOR and other.
  Judge: SENIOR JUDGE ROGER VINSON
  Cause Of Action: Declaratory Judgement
  (March 15, 2011)

• Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II v. Sebelius

  3:2010cv00188
  Filed in Virginia Eastern District Court
  Type of Suit: Constitutionality of State Statutes
  Plaintiff: Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II. Defendant: Kathleen Sebeliu. Amicu: Ray Elbert Parker, American Center for Law and Justice, Todd Akin, Paul Broun, Rob Bishop and other. Movant: Steven J. Willi, Eve Ellingwood, American Civil Rights Union, Americans for Free Choice in Medicine and Virginia Organizing and other.
  Judge: Henry E. Hudson
  Cause Of Action: Federal Question
  (January 19, 2011)

• GUNVALSON et al v. PTC THERAPEUTICS, INC.

  2:2008cv03559
  Filed in New Jersey District Court
  Type of Suit: Other Contract
  Plaintiff: JACOB GUNVALSON, CHERI AND JOHN GUNVALSON; Defendant: PTC THERAPEUTICS, INC.
  Cause Of Action: Diversity
  (April 6, 2009)

• NOVARTIS VACCINES AND DIAGNOSTICS, INC. v. ...

  1:2007cv02138
  Filed in District Of Columbia District Court
  Type of Suit: Patent
  Plaintiff: NOVARTIS VACCINES AND DIAGNOSTICS, INC. Defendant: UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, NATIONAL INSTITUTES OF HEALTH
  Judge: Richard W. Roberts
  Cause Of Action: Patent Infringement
  (November 26, 2007)

• Advanced Care, Inc. v. Department of Health & Human Services

  2:2007cv04588
  Filed in New York Eastern District Court
  Type of Suit: Other Statutory Actions
  Plaintiff: Advanced Care, Inc. Defendant: Department of Health & Human Services
  Judge: Joseph F. Bianco
  Cause Of Action: HHS: Adverse Reimbursement Review
  (November 1, 2007)

Legislation

• Bill Introduced: H.R.3897 Religious Freedom Restoration Act of 2012

  To amend title XXVII of the Public Health Service Act to provide religious conscience protections for individuals and organizations.
  (February 1, 2012)

• Bill Introduced: H.R.3839 Drug Shortage Prevention Act of 2012

  To address critical drug shortages.
  (January 29, 2012)

• Bill Introduced: H.R.3847 SOUND Devices Act of 2012

  To amend the Federal Food, Drug, and Cosmetic Act to ensure that a medical device is not marketed based on a determination that the device is substantially equivalent to a predicate device that has been recalled, corrected, or removed from the market because of an intrinsic flaw in technology or design that adversely affects safety, and for other purposes.
  (January 29, 2012)

• Bill Introduced: S.2043 Religious Freedom Restoration Act of 2012

  A bill to amend title XXVII of the Public Health Service Act to provide religious conscience protections for individuals and organizations.
  (January 28, 2012)

• Bill Introduced: S.2037 A bill to reauthorize and improve the Older Americans Act of 1965, and ...

  A bill to reauthorize and improve the Older Americans Act of 1965, and for other purposes.
  (January 24, 2012)

Regulations

• Rule - Medical Devices: Ear, Nose, and Throat Devices; Classification of the Wireless ...

  Food and Drug Administration
  Rule
  Medical Devices:
  Ear, Nose, and Throat Devices; Classification of the Wireless Air-Conduction Hearing Aid
  ,
  34845-34847 [2011-14790]
  Rules and Regulations Federal Register Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Rules and Regulations DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 874 [Docket No. FDA-2011-N-0361] Medical Devices; Ear, Nose, and Throat Devices; Classification of the Wireless Air-Conduction Hearing Aid AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is classifying the wireless air-conduction... [read document]
  View Document | Download PDF
  (June 14, 2011)

• Proposed Rule - Medicare Programs: Proposed Changes to the Hospital Inpatient Prospective ...

  Centers for Medicare and Medicaid Services
  Proposed Rule
  Medicare Programs:
  Proposed Changes to the Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long Term Care Hospital Prospective Payment System and Fiscal Year 2012 Rates; Corrections
  ,
  34633-34634 [2011-14679]
  DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare and Medicaid Services 42 CFR Parts 412, 413 and 476 [CMS-1518-CN] RIN 0938-AQ24 Medicare Program; Proposed Changes to the Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2012 Rates; Corrections AGENCY: Centers for Medicare and Medicaid Services (CMS), HHS. ACTION: Correction of proposed rule. SUMMARY: This document corrects technical... [read document]
  View Document | Download PDF
  (June 13, 2011)

• Proposed Rule - Quality Assurance Requirements for Respirators: Withdrawal

  Department of Health and Human Services
  Proposed Rule
  Quality Assurance Requirements for Respirators:
  Withdrawal
  ,
  33188-33189 [2011-14186]
  DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 84 [Docket Number NIOSH-109] RIN 0920-AA04 Quality Assurance Requirements for Respirators; Notice of Withdrawal AGENCY: Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice of proposed rulemaking; withdrawal. SUMMARY: The Department of Health and Human Services (HHS) is withdrawing its proposed rule to update the quality assurance and control requirements for the manufacture of... [read document]
  View Document | Download PDF
  (June 7, 2011)

• Proposed Rule - Medicare Program: Availability of Medicare Data for Performance Measurement

  Centers for Medicare and Medicaid Services
  Proposed Rule
  Medicare Program:
  Availability of Medicare Data for Performance Measurement
  ,
  33566-33588 [2011-14003]
  Vol. 76 Wednesday No. 110 June 8, 2011 Part III Department of Health and Human Services Centers for Medicare and Medicaid Services 42 CFR Part 401 Medicare Program; Availability of Medicare Data for Performance Measurement; Proposed Rule Federal Register / Vol. 76, No. 110 / Wednesday June 8, 2011 / Proposed Rules DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare and Medicaid Services 42 CFR Part 401 [CMS-5059-P] RIN 0938-AQ17 Medicare Program; Availability of Medicare Data for... [read document]
  View Document | Download PDF
  (June 7, 2011)

• Rule - Guidance for Industry and Investigators on Enforcement of Safety Reporting Requirements: ...

  Food and Drug Administration
  Rule
  Guidance for Industry and Investigators on Enforcement of Safety Reporting Requirements:
  Investigational New Drug Applications and Bioavailability/Bioequivalence Studies; Availability
  ,
  32863-32864 [2011-13950]
  DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 312 and 320 [Docket No. FDA-2010-D-0482] Guidance for Industry and Investigators on Enforcement of Safety Reporting Requirements for Investigational New Drug Applications and Bioavailability/Bioequivalence Studies; Availability AGENCY: Food and Drug Administration, HHS. ACTION: Notification of guidance. SUMMARY: The Food and Drug Administration (FDA) is announcing the availability of a guidance for industry and... [read document]
  View Document | Download PDF
  (June 6, 2011)

Articles

• Separation of Church and Hospital: Strategies to Protect Pro-Choice Physicians in Religiously ...

  Yale Journal of Law & Feminism, Vol. 15, p. 135, 2003 Leora F. Eisenstadt Temple University - James E. Beasley School of Law Date Posted: January 27, 2012 Accepted Paper Series 2 downloads Smooth and Bumpy Laws Adam J. Kolber NYU School of Law Date Posted: January 27, 2012 Last Revised: February 10, 2012
  (February 9, 2012)

• HIV, Consent and Criminal Wrongs

  Criminal Law Quarterly, Vol. 57, No. 4, p. 464, 2011 Carissima Mathen and Michael Plaxton University of Ottawa - Faculty of Law and College of Law, University of Saskatchewan Date Posted: January 18, 2012 Last Revised: February 05, 2012
  (February 4, 2012)

• Readability, Contracts of Recurring Use, and the Problem of Ex Post Judicial Governance of ...

  Roger Williams University Law Review, Vol. 15, No. 1, p. 93, 2010 John Aloysius Cogan Jr. Pennsylvania State University - Dickinson School of Law Date Posted: January 26, 2012 Accepted Paper Series 2 downloads The Affordable Care Act’s Preventive Services Mandate: Breaking Down the Barriers to Nationwide Access to Preventive Services Journal of Law, Medicine and Ethics, Vol. 39, No. 3, p. 355, 2011 John Aloysius Cogan Jr. Pennsylvania State University - Dickinson School of Law Date Posted: January 26, 2012 Accepted Paper Series 3 downloads Impulse Control and Criminal Responsibility: Lessons from Neuroscience International Journal of Law and Psychiatry, 2012 Steven Penney University of Alberta - Faculty of Law Date Posted: January 25, 2012 Accepted Paper Series 16 downloads The Causal Effect of Fetal Alcohol Exposure on Height: Evidence from State Prohibition Laws Mary F. Evans , Eric Helland , Jonathan Klick and Ashwin Patel Claremont Colleges - Robert Day School of Economics and Finance , Claremont McKenna College - Robert Day School of Economics and Finance , University of Pennsylvania Law School and affiliation not provided to SSRN Date Posted: January 24, 2012 Working Paper Series 4 downloads The Effect of Bankruptcy Exemptions on Medical Malpractice Insurance Limits Tom Baker , Eric Helland and Jonathan Klick University of Pennsylvania Law School , Claremont McKenna College - Robert Day School of Economics and Finance and University of Pennsylvania Law School Date Posted: January 24, 2012 Working Paper Series 7 downloads Hidden Costs? Malpractice Allegations and Defensive Medicine Among Cardiac Surgeons Barak D. Richman and Marco Huesch Duke University - School of Law and affiliation not provided to SSRN Date Posted: January 23, 2012 Working Paper Series 21 downloads Mental Health Care Consumption and Outcomes: Considering Preventative Strategies Across Race and Class Barak D. Richman , Dan Grossman , Frank A. Sloan and Craig Chepke Duke University - School of Law , Duke University Medical Center , Duke University - Center for Health Policy, Law and Management and affiliation not provided to SSRN Date Posted: January 23, 2012 Working Paper Series 16 downloads Nudging Cannot Solve Complex Policy Problems European Journal of Risk Regulation, 2012 Evan Selinger and Kyle Powys Whyte Rochester Institute of Technology - Department of Philosophy and Michigan State University - Department of Philosophy Date Posted: January 23, 2012 Last Revised: February 04, 2012
  (February 3, 2012)

• Restraining Medicare Abuse: The Case of Upcoding

  Research in Healthcare Financial Management,Vol. 11, No. 1, pp. 1-25, 2007 Kirsten Harrington , Arthur C. Allen and Linda Ruchala Southwestern Adventist University - retired , University of Nebraska at Lincoln - School of Accountancy and University of Nebraska at Lincoln Date Posted: January 29, 2012 Last Revised: February 02, 2012
  (February 1, 2012)

• Amicus Curiae Brief in Health and Human Services v. ...

  Jordan M. Barry and Bryan Camp University of San Diego School of Law and Texas Tech University School of Law Date Posted: January 27, 2012 Working Paper Series 48 downloads CISS Health Systems and Insurance Report: 2006-2010 Health Reforms in the Americas Gabriel Martinez , Nelly Aguilera and María Quintana Interamerican Conference for Social Security (CISS) , Interamerican Conference for Social Security and Interamerican Conference for Social Security Date Posted: January 27, 2012 Working Paper Series 8 downloads Justifying Public Health Surveillance: Basic Interests, Unreasonable Exercise, and Privacy Kennedy Institute of Ethics Journal, March 2012 Alan Rubel University of Wisconsin, Madison - School of Library and Information Studies Date Posted: January 27, 2012 Last Revised: February 01, 2012
  (January 31, 2012)

News

Blogs