Legal News

The outcry from physicians, pharmacists, and patients over disruptions in supplies of vital medications continues to draw attention on Capitol Hill and throughout the healthcare system.

California pharmacists are claiming victory after the U.S. Supreme Court sent 3 cases back to the Ninth Circuit Court of Appeals in Los Angeles. The cases involved injunctions halting Medicaid reimbursement cuts to pharmacies and other providers in California.

In most cases, a pharmacy is, by definition, a HIPAA-covered entity, so it is subject to a possible audit by the federal government. Here's what you can do to prepare–just in case.

The Federal Trade Commission turned thumbs down on Omnicare?s attempted acquisition of competitor PharMerica. The agency filed suit in federal court to block the hostile takeover.

Pharmacy and medical groups are suing the California Department of Health Care Services and the U.S. Department of Health and Human Services over the Centers for Medicare and Medicaid Services’ recent approval of a 10% reimbursement rate cut in California’s Medicaid program.

^MTM services are additional to provision of a drug product and include a broad range of pharmacists' activities within the scope of pharmacy practice. ^An example of MTM includes creating a medication treatment plan. ^Another example is monitoring and evaluating a patient's response to therapy.

As healthcare moves swiftly toward a more comprehensive electronic platform, pharmacies will be required to upgrade their claim submission standard from NCPDP 5.1 to NCPDP D.0, an updated version of the HIPAA standard for pharmacy claims transactions.

Advocates are hoping for a new push in Congress to control rogue online pharmacies, according to Bryan A. Liang, professor at the University of California, San Diego, School of Medicine and vice president of the Partnership for Safe Medicine.

As a result of combined investigations by FDA, the IRS Criminal Division, and the U.S. Department of Justice, Elisane Garcia was sentenced on July 25 for disguising controlled substances as "Brazilian diet pills" and smuggling them into the United States with intent to distribute. She was also convicted of 1 count of money-laundering.

Founded in 1904, the National Association of Boards of Pharmacy is an impartial professional organization geared toward supporting the efforts of individual state boards of pharmacy to protect the public health and safety.

As expected, the U.S. Supreme Court recently struck down a landmark case that would have prohibited data-mining companies from selling physicians' prescribing information to pharmaceutical manufacturers for use in marketing. Still some independent pharmacists say they are not in favor of the practice.

Whereas historic pharmacy practice linked the pharmacist to a product, as pharmacists move toward more complete healthcare services, they are now also providers of cognitive services. As pharmacists delve further into cognitive services and take on greater patient responsibility, the process is likely to add to liability exposure.

Pharmacists are often reluctant to apologize. One fear is that lawyers may use their statements against them. Another fear is that they may be violating their own malpractice insurance policies. But there can be advantages to saying, "I made a mistake; I am sorry." A patient may be saved and a possibly explosive situation may be cooled. For most of us, it is the natural thing to do.