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The PPACA 's 'Physician Payment Sunshine Provisions'
The U.S. Supreme Court's recent decision in Nat'l Fed'n of Indep. Bus. v. Sebelius, 567 U.S. ____ (2012), upholding the Patient Protection and Affordable Care Act (PPACA) (42 U.S.C. ' 18001) signed into law by President Obama in 2010, will likely be one of the most controversial and talked-about legal decisions of this century. While the media attention surrounding both the legislation and the Supreme Court's decision has focused on the individual mandate ' one of the most contested provisions of the Act ' a lesser-known mandate known as the “Physician Payment Sunshine provisions” may have larger implications for pharmaceutical companies and others.
Located in ' 6002 of the PPACA and formally titled “Transparency Reports and Reporting of Physician Ownership or Investment Interests,” the Physician Payment Sunshine provisions require pharmaceutical and medical device companies to publicly disclose the payments they make to physicians. Although a small number of manufacturers already report this information publicly, there has never been a widespread federal requirement to do so until the PPACA was enacted.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.