HHS-OIG Proposes to Amend Anti-Kickback Statute to Eliminate Safe Harbor Protection for Drug Rebates to Pharmacy Benefit Managers
On February 6, the HHS Office of Inspector General formally published in the Federal Register its proposed changes to remove PBM rebates from the existing discount safe harbor, and new exceptions for point-of-sale rebates and certain payments from manufacturers to PBMs. These changes have the potential to upend the current PBM rebate framework for prescription drugs.
Physician Clinical Registry Coalition Continues Advocacy Efforts on Data Sharing, QCDR Issues
Powers Principal Rob Portman and Associate Christina Krysinski recently represented the Physician Clinical Registry Coalition in a number of advocacy efforts related to interoperability and data sharing, as well as the participation of qualified clinical data registries (QCDRs) in the Merit-based Incentive Payment System (MIPS).
Powers partner, Peggy Tighe, quoted in The Hill yesterday
Powers partner, Peggy Tighe, was quoted in The Hill yesterday in an article about the political risks the American Medical Association (AMA) faces as it enters into the national gun debate advocating for gun control measures. Review the article here.
Department Announces New Approach to FERPA Enforcement
The U.S. Department of Education (“Department”) recently announced an important change in the way it will enforce the Family Educational Rights and Privacy Act (“FERPA”). Instead of opening a formal investigation regarding each valid FERPA complaint – a practice that contributed to severe backlogs in the Department’s FERPA case file – the Department will now dedicate investigatory resources to the highest-risk issues and take a less formal, more collaborative approach for other cases.