BY Blinn E. Combs, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   On April 1, Robert F. Kennedy, Jr., newly installed Secretary of the federal Health and Human Services Department (“HHS”) began implementing changes announced on March 27 as part of the Trump Administration’s Make America Healthy Again initiative. The press release and related fact sheet promised large-scale restructuring of the HHS and the many departments operating under it. Released plans included...

BY Phuong Nguyen, Esq. and Michael Alexander, Esq., Brown & Fortunato, P.C.   As patients in this day and age, we take for granted that medical providers and facilities use some form of electronic medical record and offer an internet portal from which we, as patients, may access our health information, communicate with our health care providers, schedule appointments, and pay bills. With the prevalent use of electronic medical records and medical information flowing into...

BY Amanda F. Hobbs, Esq. and Michael Alexander, Esq., Brown & Fortunato, P.C.   On August 8, 2024, Governor Greg Abbott signed an executive order dictating that most Texas hospitals must collect data regarding the immigration status of patients and report it to the Texas Health and Human Services Commission (HHSC). This action follows the imposition of a similar requirement in Florida. In light of this recent change, it is important to know what obligations...

BY Bradley S. Byars, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   Consider, for a moment, how dramatically our healthcare landscape has transformed in the last five years. What began as an emergency response to a global pandemic has evolved into something far more permanent: a fundamental reimagining of how we deliver medical care. Most recently, on December 21, 2024, Congress took another step in this evolution, passing legislation that extends Medicare...

BY Blinn E Combs, Esq. and Michael Alexander, Esq., Brown & Fortunato, P.C.   As we reported here in August, the Federal Trade Commission (“FTC”) recently released a draft report broadly accusing Pharmacy Benefit Managers or “PBMs”—the middlemen who negotiate prescription drug prices—of engaging in an array of tactics to drive up prescription drug costs. The FTC’s long-expected suit was filed on September 20. The complaint accuses PBMs of “manipulation of drug price competition for...

BY Rossanna Madrigal, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   On August 1, 2024, the Criminal Division of the Department of Justice (“DOJ”) rolled out a new Corporate Whistleblower Awards Pilot Program (the “Pilot Program”). According to the DOJ, under the Pilot Program, individuals that provide truthful and complete information that leads to a successful forfeiture exceeding $1,000,000 in net proceeds may be eligible for an award from the proceeds. An...

BY Kianna Sitarski, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   As enforcement for civil and criminal healthcare fraud continues to be on the rise, it is more important than ever that healthcare companies implement and adhere to effective corporate compliance plans to prevent and detect any potential misconduct. To assist healthcare companies in understanding (i) their legal obligation to prevent, detect, and possibly report misconduct, and (ii) the potential consequences for...

BY Phuong D. Nguyen, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   In November of last year, the Office of Inspector General for the Department of Health and Human Services (“OIG”) published revised General Compliance Program Guidance “CPG.” While much of the content of the revised CPG will be familiar, the format has been significantly revised with a few updates along the way. The OIG intends to publish industry segment-specific CPGs later...

BY Blinn E. Combs, Esq. and Michael R. Alexander, Esq., Brown & Fortunato, P.C.   On July 9, the Federal Trade Commission (“FTC”) released an Interim Staff Report (“Report”) stating that Pharmacy Benefit Managers drive up drug costs. The Report, which details a two-year investigation into the market power of PBMs, has already prompted congressional action. The House Committee on Oversight and Accountability, which released its own contemporaneous PBM report, held a hearing on July...

BY Michael R. Alexander, Esq. and Kianna Sitarski, Esq., Brown & Fortunato, P.C.   As healthcare costs across the United States continue to rise, healthcare providers are feeling the financial squeeze associated with increasing costs of providing necessary products and services coupled with the trend of decreasing reimbursement rates paid out from patient healthcare plans. One method by which providers and healthcare systems may ease this financial burden is through participation in the 340B Drug...